On May 11, 2026, USCIS published a new interim final rule addressing how the agency will handle immigration filings containing invalid signatures. The rule becomes effective for filings received by USCIS on or after July 10, 2026. Under the new rule, if USCIS later determines that a filing contains an invalid signature — even after the filing has already been accepted and receipted — the agency may either reject or deny the filing and may retain the filing fee.
USCIS states that the rule is intended to address filings containing copied-and-pasted signatures, signature software-generated signatures, stamped signatures, and other signatures that do not comply with USCIS requirements. Importantly, the rule does not change USCIS’s existing policy that scanned copies of original handwritten signatures are generally acceptable. However, USCIS reiterated that the original signed document must exist and may be requested at any time.
How this may affect employers and immigration filings
For many employers, this rule may not require major procedural changes. However, it does increase the importance of maintaining consistent signature collection and document retention practices. Practices that may create risk include:
- reusing signature pages from prior drafts;
- applying stored signature images to revised forms;
- relying on pasted electronic signatures for paper-filed forms; or
- being unable to produce the original wet-ink signed version of a filing if requested by USCIS.
Why this matters
Historically, signature issues were often addressed through:
- rejection of the filing, allowing the applicant or petitioner to correct the issue and re-file; or
- requests for evidence seeking confirmation of signature authenticity, authority to sign, or production of the original signed document.
This rule reflects a notable strengthening of USCIS’s position by expressly authorizing adjudicators to deny filings after acceptance if an invalid signature is identified. Depending on the posture of the case, a denial — rather than a rejection — may have more significant consequences, including loss of filing fees, missed filing windows, or limitations on re-filing options.
This heightened scrutiny emphasizes the importance of following best practices in immigration filings, including using only scans of original handwritten signatures where permitted, retaining original signed documents, and maintaining clear records supporting all filed immigration forms and petitions.
Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2026
