Dos and don’ts for your next immigration application
The US Department of Homeland Security has issued an interim rule on how it would reject applications if officers deem some signatures invalid. Published in the Federal Register on May 11, 2026, the rule gives USCIS broader authority to reject or deny immigration benefit requests if signature problems are identified, even after an application has been accepted for processing. The interim rule is now open to receive public comments as will come into effect from July 10. 2026.The rule is not new, but the DHS said that previously it was applied inconsistently and applicants did not clearly understand how USCIS handles deficient signatures.
New signature rule: Dos
- Handwritten signature remains the gold standard.
- Scanned copies of the original wet-ink signature are also acceptable.
- Faxed of photocopied versions of originally signed documents are fine.
- Certain electronic signatures are valid only in limited USCIS-authorized online filing situations.
Don’ts
- Copy-paste signatures
- Digitally generated signatures
- Signature stamps
- Signatures by anyone other than the requestor (yes, including the attorney)
- Auto-generated signatures
- Signatures generated by software
Small rule but big impact
This is a small rule, but immigration experts drew the attention of the applicants to this tiny change as it will make a huge impact if USCIS denies a case after the processing has begun. Applicants are at risk of losing the filing fees and if they have to file again, their dates get delayed. There is no ‘cure’ for a deficient signature other than refiling which would delay the case, the agency clarified.
Who does the new signature rule apply to?
Everyone who falls under the immigration framework comes under the new signature rule. Experts warned that for cases that have a statutory deadline, like H-1B cap cases, PERM-backed I-140s, if a signature denial is discovered after 18 months, the entire filing window is gone.
5 things employers should do
Immigration lawyer Kirsten Crovello said employers should follow these five things from now on:
- Verifying all required signature fields before filing
- Maintaining records of original wet-ink signatures
- Avoiding signature software unless explicitly authorized
- Reviewing USCIS form instructions carefully for each filing type
- Training staff on signature compliance standards
