Executive Summary
- On May 11, 2026, USCIS published an interim final rule giving adjudicators explicit authority to deny (not just reject) immigration benefit requests with invalid signatures. The rule takes effect July 10, 2026.
- A denial is significantly worse than a rejection. USCIS keeps the filing fee, the company must start over with a completely new petition, and a denial is on the record.
- Common HR workflows that create this risk: using DocuSign or other electronic signature software, having attorneys or coordinators sign in place of the named signatory, and reusing signature images across multiple filings.
- There is no cure after filing. USCIS will not accept a corrected signature once the petition is submitted.
- HR teams should review and fix their signature collection process now.
What USCIS considers an invalid signature
The rule does not change the definition of a valid or invalid signature. What it changes is the consequence of getting it wrong.
These are the signature types USCIS considers invalid:
- Copy-pasted or image-affixed signatures. A signature taken from another document and inserted into a new one is not valid. This includes signatures pulled from a prior approved filing and reused on a new one.
- Typewritten names. Typing a name into the signature field does not satisfy the signature requirement, regardless of formatting.
- Stamped signatures. Signature stamps are not valid except in specific enumerated circumstances defined in USCIS regulations.
- Signatures from unauthorized persons. Only the person named as the signatory on the form can sign it. If the form names a company representative in the employer section and the employee in the employee section, each of those people must sign their own section. An attorney or coordinator handling the filing cannot sign in place of either of them.
- Electronic signature software. Signatures created through DocuSign, Adobe Sign, or similar programs are never valid, regardless of how the filing is submitted.
What is valid:
- A wet-ink handwritten signature on a printed copy of the form.
- A scanned, faxed, or photocopied version of a document that was originally signed with a wet-ink signature. The copy must be of a physically signed original.
- A secure electronic signature generated within USCIS's own guided e-filing system during the e-filing process. This includes cases where an employer's authorized signatory signs electronically within myUSCIS as part of an attorney-managed H-1B filing through USCIS organizational accounts. The signature must come from the employer's signatory within the USCIS platform, not from the attorney and not from external software.
For attorneys using the PDFi (PDF upload) option: No electronic signature is available for this submission method. The signatory must sign a printed copy with a wet-ink signature. The attorney scans the signed document and uploads that scan.
Where HR workflows tend to create signature risk
Most signature problems do not happen because someone was careless. They happen because HR has built a workflow that made sense for speed and scale, without realizing it creates invalid signatures under USCIS standards.
Using DocuSign or Adobe Sign to collect signatures. This is one of the most common setups in HR and legal operations. For employment agreements, offer letters, and internal forms, it works well. For USCIS filings submitted by mail or PDFi, it does not. Electronic signature software is specifically invalid for those submission methods.
Reusing a prior filing's signature. In organizations that file multiple H-1B or I-140 petitions, it can feel efficient to carry forward a signature from a previously approved filing. USCIS specifically flagged this practice as one of the patterns driving the increase in invalid signature denials. Each filing needs its own freshly obtained signature.
Having someone other than the named signatory sign the form. Whoever is named on the form is the person who must sign it. If that is the VP of Engineering, the CFO, or the Head of HR, that specific person needs to sign. An attorney or coordinator processing the filing cannot sign in place of them, regardless of how routine the filing feels.
Not catching the problem before submission. If an RFE or notice of intent to deny arrives questioning who signed, USCIS can use it to confirm signatory authority, but not to invite a corrected signature. By the time that notice arrives, it is too late to fix the underlying problem.
What HR should fix now
Identify your authorized signatory and document it. This should be a named individual with documented authority to sign filings on behalf of the company, not a generic role title. If that person changes, update your records and notify your immigration provider right away.
Audit how signatures are currently being collected. Ask your immigration provider how signatures are being obtained for your filings. If the answer involves DocuSign, Adobe Sign, or any similar tool, that process needs to change now.
Switch to a wet-ink and scan process for PDFi filings. The named signatory prints the relevant signature page, signs in pen, and returns the signed page to be scanned and submitted. This is the only valid approach for attorney-filed PDFi submissions.
Add a signature verification checkpoint before every submission. If anyone other than the attorney touches the filing during assembly, make signature verification a defined step before the filing goes out. One person should confirm that every required signature is an original wet-ink signature from the correct named person.
Stop reusing signatures across filings. Each filing needs its own individually obtained original signature. Even if the signatory is the same person and the form type is the same, the signature must be freshly obtained for each submission.
The difference between rejection and denial
Before this rule, USCIS regulations only addressed rejection for invalid signatures. Rejection is relatively forgiving: the package comes back, the fee is refunded, and the company can correct the problem and refile. Denial is a different outcome entirely.
USCIS officers now have discretion to choose between rejection and denial based on the facts: how much adjudication work has already been done, whether the defect looks like an honest mistake or a pattern, and the nature of the signature issue.
The numbers show where this is heading. Denials on signature grounds rose from 300 in fiscal year 2021 to nearly 3,000 in fiscal year 2025. The agency is enforcing this more consistently, and the new rule gives it the regulatory authority to do so.
Frequently asked questions
Does this rule apply to filings already submitted?
No. The rule applies to requests submitted on or after July 10, 2026. Filings already accepted by USCIS before that date are not affected.
What happens if USCIS finds an invalid signature on a filing submitted after July 10?
USCIS officers have discretion to either reject or deny the filing. A rejection returns the package without adjudication and refunds the fee. A denial means USCIS keeps the fee and the filing is on record as denied. The company must start over with a completely new filing. No cure is available after submission.
Can we appeal a denial based on an invalid signature?
Yes. Denials are appealable via Form I-290B, which carries an $800 filing fee. Whether an appeal is worth pursuing depends on the specific case, particularly if a priority date or a cap slot is at stake. Consult your immigration provider before deciding.
Does this affect all USCIS forms?
It applies broadly to immigration benefit requests. Form N-600 and N-600K (citizenship certificate applications) are specifically carved out. For those forms, USCIS may only reject, not deny, when the sole deficiency is an invalid signature.
We use DocuSign for everything. Is there any workaround?
For filings submitted via mail or PDFi, no. Electronic signature software is never valid for those submission methods. The only option is a wet-ink handwritten signature on a printed form, scanned and submitted.
If your attorney files H-1B petitions through USCIS's guided e-filing system using organizational accounts, the employer's authorized signatory can sign electronically within the USCIS platform during the filing process. That is a valid secure electronic signature. The rule is about where the signature originates: within USCIS's own e-filing system is valid; any external software is not.
This article is for informational purposes only and does not constitute legal advice. Immigration filing requirements are complex and penalties for noncompliance can be significant. Consult qualified immigration counsel before making changes to your petition filing process.
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