The Department of Homeland Security (DHS) has issued a new rule granting U.S. Citizenship and Immigration Services (USCIS) authority to deny immigration benefit requests with invalid signatures, even if the deficiency is discovered after the application is accepted. The Interim Final Rule (IFR) takes effect July 10, 2026.
What Changed
Under the previous regulatory framework, USCIS could only reject requests that contained invalid signatures, meaning the filing and the associated fee would be returned to the applicant. However, under the new rule, which amends 8 CFR 103.2(a)(7)(ii)(A), officers now have the discretion to either reject or deny these requests, depending on the specific circumstances of each case.
The key differences:
- Rejection: The request and filing fee are returned to the applicant, who may then refile the application.
- Denial: The request is fully adjudicated, the filing fee is retained, and the applicant is found ineligible for the requested benefit. In such cases, the denial may be appealed by filing Form I-290B.
USCIS officers will determine whether rejection or denial is appropriate based on the facts and circumstances surrounding each filing.
One exception: Forms N-600 and N-600K, which are Applications for Certificate of Citizenship, are excluded from the denial provision. Therefore, if the only issue is an invalid signature, these applications may be rejected, but cannot be denied on that basis.
Why USCIS Issued This Rule
USCIS has seen a sharp increase in invalid signatures in recent years, including copied-and-pasted images of signatures from other documents, stamped signatures, and signatures applied by someone other than the authorized requester. Because these defects often cannot be detected during intake, they are frequently identified only later in the adjudication process by officers.
The USCIS Administrative Appeals Office (AAO) has handled 758 appeals involving copied signatures. In one case, a subordinate pasted a signatory’s signature onto 20 Form I-129 petitions. In another case, a consulting firm applied copied signatures to roughly 3,000 Form I-140 petitions.
Although USCIS has maintained a policy since 2018 allowing officers to deny filings with post-acceptance signature deficiencies, that policy had never been formally codified in the regulations. As a result, enforcement was inconsistent. This new rule formally incorporates the policy into the Code of Federal Regulations.
What Is, and Is Not, a Valid Signature
Valid:
- Handwritten (wet ink) signatures, including scanned, faxed, or photocopied copies of an originally signed form
- Secure electronic signatures through the USCIS e-filing or PDFi upload process
Not valid:
- Typewritten names
- Stamped signatures
- Signatures from third-party signature software
- Signatures copied and pasted as images from another document
- Signatures applied by an attorney, preparer, or interpreter on behalf of the requester
What This Means for Applicants and Practitioners
No fix after the fact. Once a petition has been filed, there is no mechanism to correct an invalid signature. USCIS will not issue a Request for Evidence (RFE) to cure a deficient signature, although officers may still request additional evidence to determine whether a signature is valid in the first place.
Fees may not be returned. If USCIS issues a denial rather than a rejection, the filing fee is retained. For petitions with filing fees in the hundreds or thousands of dollars, this can be a significant financial burden.
Deadlines and priority dates may be jeopardized. Because USCIS processing backlogs can delay review for months or even years, a denial based on an invalid signature may arrive too late for the applicant to refile, particularly when priority dates have retrogressed, visa numbers have been exhausted, or statutory deadlines have already passed.
High-volume filers should act now. Law firms and employers that regularly file Forms I-129 or I-140 should carefully evaluate their signature collection workflows to ensure that every submission fully complies with USCIS requirements.
Effective Date and Public Comments
The rule will take effect on July 10, 2026, and will apply to all immigration benefit requests filed on or after that date. Public comments must also be submitted by July 10, 2026, through Regulations under DHS Docket No. USCIS-2026-0166.
Read the Full Rule. For the complete text of the Interim Final Rule as published in the Federal Register, including the full regulatory amendments to 8 CFR 103.2, visit the official notice: Signatures on Immigration Benefit Requests — Federal Register (May 11, 2026)
Have Questions About Your Case? Request a Free Evaluation.
If you have a pending or upcoming immigration filing and are concerned about how this rule may affect your case, including issues related to signature compliance, petition validity, or filing deadlines, our team is here to help.
Robinson Immigration Law offers free case evaluations to help you understand your options and ensure that your filings comply with current USCIS requirements. Request your free evaluation today!
