The U.S. Department of Homeland Security has issued a temporary rule setting out how it will deny applications if officials believe certain signatures are invalid. The rule, published in the Federal Register on May 11, 2026, gives USCIS broader authority to deny or reject requests for immigration benefits if signature issues are discovered, even if the application has been accepted for processing. The interim rule is now open for public comment and will take effect on July 10, 2026.The rule is not new, but the Department of Homeland Security says it has been applied inconsistently before, leaving applicants unclear about how USCIS handles defective signatures.
New signature rule: Dos
- Handwritten signatures remain the gold standard.
- Scanned copies of original wet ink signatures are also acceptable.
- Just fax a copy of the original signed document.
- Certain electronic signatures are only valid for limited online applications authorized by USCIS.
Things not to do
- Copy and paste signature
- digitally generated signature
- signature seal
- Signature of anyone other than the requester (yes, including an attorney)
- Automatically generated signature
- Software generated signature
Small rules but big impact
This is a small rule, but immigration experts draw the attention of applicants to this small change because it can have huge consequences if the USCIS rejects a case after processing has begun. Applicants risk losing their application fees and having their dates pushed back if they have to submit their application again. The agency clarified that there is no “cure” for signature flaws other than resubmission, which can delay cases.
Who do the new signature rules apply to?
Everyone who falls under the immigration framework is subject to the new signature rules. Experts warn that for cases with statutory deadlines, such as H-1B cap cases and PERM-supported I-140 cases, if signatures are found to be denied after 18 months, the entire application window disappears.
5 things employers should do
Immigration attorney Kirsten Crovello says that from now on, employers should follow these five things:
- Verify all required signature fields before submitting
- Keep a record of your original wet ink signature
- Avoid signing software unless explicitly authorized
- Carefully review the USCIS form instructions for each application type
- Train employees on signature compliance standards
