New USCIS Rule Increases Risk of Denial for Signature Deficiencies

Last month, the Department of Homeland Security (DHS) published an Interim Final Rule (IFR) on signatures for immigration benefit requests. This is effective July 10, 2026. This rule gives USCIS explicit authority to reject or deny a filing at any stage of adjudication if it determines the filing lacks a valid signature, even after the filing has already been accepted and receipted. For employers and HR professionals who file or oversee immigration petitions on behalf of foreign national employees, this is an important development to be aware of.

It is important to note that the requirement for a valid signature is not new. What has changed is the enforcement posture: USCIS is now codifying its authority to take adverse action based on signature deficiencies at any point in the process, and is signaling that it intends to apply this authority more consistently going forward.

What this rule does

Under the new IFR, USCIS officers have explicit regulatory authority to reject or deny a filing that does not meet signature requirements, even if the filing was initially accepted and a receipt notice was issued. Key details:

• A rejection means the filing is returned and fees are refunded. A denial, by contrast, reflects a completed adjudication: USCIS retains the filing fee, and the petitioner must submit an entirely new filing to proceed.
• USCIS is not required to issue a Request for Evidence (RFE) or Notice of Intent to Deny to give the petitioner an opportunity to cure a deficient signature. Officers may deny outright.
• The rule specifically targets signatures that are copied and pasted, generated by software, stamped, or otherwise not the result of an authentic act of signing by the appropriate individual.
• Signature validity can be assessed at any stage of adjudication.

What this means for employers & HR professionals

• A receipt notice is no longer a guarantee of compliance. Employers and employees who make workforce decisions in reliance on a filing and receipt notice (such as H-1B portability, cap-gap employment authorization, or AC21 portability) should be aware that a subsequent signature-based denial could disrupt those plans.
• Denials can have serious downstream consequences. If a denial occurs months into adjudication, critical statutory or regulatory deadlines may have already passed. This is particularly significant for H-1B cap petitions, adjustment of status filings tied to visa availability, and other time-sensitive filings where refiling may not restore the original filing date or eligibility.
• Corporate petitioners with high-volume filing processes are at elevated risk. Organizations that rely on administrative personnel or automated workflows to prepare and sign petitions should review those processes carefully to ensure signatures are authentic and compliant.
• HR teams should not assume that past practices are sufficient. If your organization has routinely used signature stamps, scanned signature images, or copy-paste workflows for immigration filings, those practices should be reviewed and updated immediately.

Action steps

1. Review your internal petition preparation process. Ensure that all required signatures on immigration forms are original, hand-signed, and provided by the correct individual. However, USCIS has stated that “a scanned, copied, or faxed version of the originally signed benefit request, with the wet-ink signature on it, suffices.”
2. Audit any pending filings. If you have petitions currently pending with USCIS, consult with your immigration counsel to assess whether any signature compliance concerns exist.
3. Maintain documentation of signatures. Retain dated correspondence transmitting forms for signature, signed engagement materials, and copies of original signed pages wherever possible.
4. Brief HR and administrative staff. Anyone involved in preparing or processing immigration filings should understand that copied, stamped, or software-generated signatures are not acceptable and can result in denial, with no opportunity to correct the record.
5. Contact us with any questions about pending or upcoming filings. If you have concerns about a specific petition or your organization’s signing process, reach out to our team.

Additional Information

USCIS has stated that the IFR is a response to an increase in filings containing invalid or questionable signatures, and reflects an intent to strengthen enforcement and standardize adjudication practices. The rule does not redefine what constitutes a valid signature, but it formalizes and expands the consequences for noncompliance. We will continue to monitor USCIS guidance and share updates as they become available.