The US Department of Homeland Security has issued an interim rule on how it will reject applications if officials deem certain signatures invalid. Published in the Federal Register on May 11, 2026, the rule gives USCIS broad authority to deny or deny immigration benefit requests if signature problems are identified even after the application has been accepted for processing. The interim rule is now open to receive public comments as it will come into effect from July 10, 2026.The rule is not new, but DHS said it was previously enforced inconsistently and applicants did not clearly understand how USCIS handles defective signatures.
New signature rule: what to do
- Handwritten signatures remain the gold standard.
- Scanned copies of the original wet-ink signature are also acceptable.
- It is fine to fax photocopied versions of originally signed documents.
- Some electronic signatures are valid only in limited USCIS-authorized online filing situations.
what not to do
- copy-paste signature
- digitally generated signature
- signature stamp
- Signature of someone other than the requestor (yes, including attorney)
- automatically generated signature
- Signature generated by software
Rules are small but effect is big
It’s a small rule, but immigration experts draw applicants’ attention to this small change because it can have a huge impact if USCIS rejects a case after processing has begun. Applicants risk losing the filing fee and having their due dates delayed if they have to re-file. The agency clarified that there is no ‘cure’ for erroneous signatures other than refilling which will delay the case.
Who does the new signature rule apply to?
Everyone who falls under the immigration framework falls under the new signature rule. Experts warn that in cases that have statutory deadlines, such as H-1B cap cases, PERM-supported I-140, if a signature rejection is detected after 18 months, the entire filing window expires.
5 things employers should do
Immigration attorney 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
- Carefully reviewing the USCIS form instructions for each filing type
- Training employees on signature compliance standards