The US Department of Homeland Security (DHS) has issued a clarification regarding the new USCIS signature rule. Under this updated regulation, if the immigration authority discovers that an immigration form bears an invalid signature, it may now either reject or deny the application. In some cases, the filing fee may also be retained.
Overview of the New Signature Rule
Previously, the United States Citizenship and Immigration Services (USCIS) typically rejected unsigned forms outright. However, under the revised rule, if the signature issue comes to light months or even years later during the adjudication process, USCIS officers have the discretion to deny the visa instead of simply returning it for correction. This rule applies to any “benefit request” submitted to USCIS on or after July 10, 2026.
According to a notice published in the US Federal Register on May 11, 2026: “The Department of Homeland Security (DHS) is amending its regulations governing the submission of benefit requests to provide that if U.S. Citizenship and Immigration Services (USCIS) accepts a benefit request and determines later that it lacks a valid signature, USCIS may, in its discretion, reject or deny the request. This interim final rule (IFR or rule) will clarify USCIS procedures relating to the rejection or denial of benefit requests that do not meet regulatory requirements to ensure better enforcement of signature requirements.” The notice further states, “This interim final rule is effective on July 10, 2026.”
What Constitutes a Valid Signature According to USCIS
USCIS defines a valid signature as generally including:
- A handwritten signature
- A handwritten “X”
- A thumbprint
- A proper electronic signature submitted through official USCIS online filing systems
Scanned or photocopied versions of an original handwritten signature remain acceptable.
What USCIS Does Not Accept as a Valid Signature
USCIS explicitly warns against the following:
- Typewritten names in place of signatures
- Stamped signatures
- Copy-pasted signature images
- Signatures created using signature software
- Someone else signing without proper authority
- Attorneys, preparers, or interpreters signing on behalf of applicants
Who Is Affected by the New Signature Rule
The new USCIS signature rule is broad in scope and applies to virtually all immigration benefit applicants who file forms with USCIS, not just specific visa categories. Potentially affected groups include:
- Employment-based visa applicants
- Family-based Green Card applicants
- H-1B applicants
- L-1 visa applicants
- F-1 student visa-related USCIS filings
- OPT and STEM OPT applicants
- Adjustment of Status applicants (Form I-485)
- Work permit applicants (EAD)
- Asylum applicants
- U visa applicants
- Naturalization and citizenship applicants
- Temporary Protected Status (TPS) applicants
- DACA-related filings
- Employers filing immigration petitions
The rule specifically references forms such as:
- Form I-918 (U visa petition), where delays could become a major issue if a signature problem is discovered years later.
- Form I-129 (used for H-1B and other work visas)
- Form I-140 (employment-based Green Card petitions) in examples involving copied signatures.
Can Applicants Correct the Mistake Later?
Generally, no. USCIS has indicated that there is no automatic “cure” option for invalid signatures because the application was technically not properly filed from the outset.
