
In a rule DHS wrote to explain its own new policy, the agency describes a company officer who signed one blank sheet of paper, then told a subordinate to scan that signature and paste it onto more than twenty Form I-129 petitions. In a separate case, a consulting firm ran roughly 3,000 Form I-140 petitions through the same shortcut — one signature, copied three thousand times.
Neither company thought they were doing anything unusual. Signature pages get reused all the time, especially at companies filing dozens of petitions a season. But USCIS has been counting. Denials tied to invalid signatures climbed from 300 in fiscal year 2021 to 2,953 in fiscal year 2025 — a tenfold jump in four years. The agency's Administrative Appeals Office has already ruled on 758 separate appeals over copied signatures alone.
Starting July 10, 2026, the cost of that shortcut changes. DHS published an interim final rule on May 11, 2026 (91 Fed. Reg. 25479), amending 8 C.F.R. § 103.2(a)(7)(ii)(A). Before this rule, an invalid signature discovered after a petition was already receipted led to inconsistent outcomes — sometimes a rejection with the fee refunded, sometimes a denial with the fee kept, depending on which officer picked up the file. The new rule ends the guesswork by explicitly giving USCIS adjudicators the discretion to deny, not just reject, any benefit request found to carry an invalid signature — and to keep the filing fee when they do.
There is no way to fix it after the fact. USCIS considered, and rejected, letting petitioners swap in a corrected signature on a pending case. Its reasoning: doing so would let a defective filing hold its place in line — its cap slot, its priority date — ahead of petitions that were signed correctly the first time.
What Actually Counts as Invalid
The definitions of a valid signature haven't changed. What's changed is what happens when USCIS catches an invalid one. A signature is invalid if it's a scanned or photocopied image pasted onto a different form than the one it was originally signed on — even when the underlying signature is genuinely the signer's own. It's invalid if it's a rubber stamp, even one the signer personally authorized for their own use. It's invalid if it belongs to the wrong person: an attorney, paralegal, or preparer signing where the petitioner should have signed. Attorneys sign Form G-28. Petitioners sign the petition. And it's invalid if it comes from signature software — DocuSign, Adobe Sign, and similar tools are not accepted on paper-filed or PDF-uploaded forms, though USCIS's own guided e-filing system on myUSCIS is a separate, permitted channel.
What's still valid: a fresh, wet-ink signature applied directly to the specific form being filed, then scanned, photocopied, or faxed for submission. The company president can sign fifty different I-129s in an afternoon — but each one needs its own pen-to-paper moment, not a reproduction of the one before it.
Who Feels This First
For a family-based filing, a denied case is frustrating but recoverable — refile, wait again. For an H-1B cap petition, the stakes are sharper. If a petition selected in the lottery gets denied over a signature discovered weeks later, and the cap-registration window has already closed, there may be no way back into that fiscal year's allocation at all. For a PERM-backed I-140, the clock is the 180-day window under 20 C.F.R. § 656.30 to file after labor certification — a denial that eats into that window can force a company to restart the PERM process from scratch.
The petitioner does have one avenue: Form I-290B, Notice of Appeal or Motion, filed within 30 days, arguing the signature was valid all along. Whether to appeal or simply refile with a new, properly signed form is a judgment call that depends on how much the original priority date or receipt date is worth protecting.
What to Actually Do Before July 10
Every company that sponsors visas is, in effect, running a small compliance operation, whether it thinks of itself that way or not. Before the rule takes effect, that means naming who at the company is actually authorized to sign immigration filings — usually a senior HR leader or corporate officer — and documenting that authority internally. It means requiring a live signature on the specific form being filed, every time, with the original retained in company files rather than a signature page that gets pulled from a folder and reused. It means retiring the office signature stamp from the immigration workflow entirely, and confirming that the name and title printed in the signature block match the person who actually picked up the pen.
None of this is complicated. What's changed is that getting it wrong now costs the filing fee, the receipt date, and potentially the case — with no chance to fix it after the fact.
Frequently Asked Questions
Does this rule change which signatures count as valid? No. It changes what happens when USCIS discovers an invalid one after the case has already been accepted.
Can a scanned signature still work? Yes — as long as the scan captures a genuine wet-ink signature applied to that specific form. A scan of a signature from a different document, pasted onto a new one, does not.
Can my attorney sign my petition for me? No. The petitioner signs the petition; the attorney signs Form G-28.
What if my case was filed before July 10, 2026? It's evaluated under the prior framework, which already gave USCIS some denial authority under a 2018 policy memo — this rule mainly removes the inconsistency in how that authority was applied.
Is there any way to correct a signature after filing? No. The rule explicitly forecloses a cure. The only options after a denial are appeal (Form I-290B) or a new filing.
Sources & References
8 C.F.R. § 103.2(a)(7)(ii)(A) — Signature requirements on immigration benefit requests, as amended. 91 Fed. Reg. 25479 (May 11, 2026) — DHS interim final rule, "Signatures on Immigration Benefit Requests." 20 C.F.R. § 656.30 — PERM labor certification validity period (180-day I-140 filing window).
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Jinwen Liu
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Jinwen Liu is the Managing Attorney at Yingzhong Law Offices, specializing in employment-based and investment immigration.
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This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently, and every case is different. For advice specific to your situation, consult a qualified immigration attorney. Past results do not guarantee similar outcomes. Attorney Advertising.
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