USCIS Rule Change: Increased Scrutiny on Signature Validity in Immigration Filings

Denial Authority Codified:: USCIS now has explicit regulatory authority to deny immigration benefit requests with invalid signatures, not just reject them. This is a shift from a 2018 policy memorandum.

Fee Retention:: If a filing is denied due to an invalid signature, USCIS will retain the filing fee to cover adjudication costs.

No Opportunity to Cure:: USCIS will not allow petitioners to correct or cure an invalid signature after filing. An RFE or NOID may be issued to confirm signatory authority, but not to invite a corrected signature.

Increased Denials:: USCIS data shows a significant increase in denials based on signature issues, rising from 300 in FY 2021 to nearly 3,000 in FY 2025.

Discretionary Authority: USCIS officers have the discretion to reject or deny a request based on factors such as time spent on the case and the nature of the signature issue.

Definition of Invalid Signature: Includes copy-pasted signatures, typewritten names, stamped signatures (except in specific cases), signatures by unauthorized persons, and signatures created by signature software programs. Scanned, faxed, or photocopied versions of originally signed documents are acceptable, provided the original was signed with a wet-ink signature.

Electronic Filing: For e-filings through myUSCIS, a secure electronic signature is valid. However, attorneys filing via PDFi must still obtain a handwritten signature on a printed form, scan it, and upload the document.

Review Signature Workflows: Ensure each petition contains an original, individually obtained handwritten signature.

Implement Verification Steps: Build in signature verification steps before submission, especially where non-attorney staff or automated workflows are involved.

Confirm PDFi Requirements: Attorneys filing via PDFi must use handwritten signatures; electronic signatures are not accepted.

Evaluate Appeal Rights: Denials on signature grounds are appealable via Form I-290B, which may be worth considering when a priority date or cap slot is at stake.

The new USCIS rule increases the risk of immigration filings being denied due to signature defects, even after initial acceptance.

USCIS will retain filing fees for denied petitions based on invalid signatures.

Petitioners cannot correct signature defects after submission.

Employers and individuals should carefully review and strengthen signature verification processes to ensure compliance.