Attention H-1B Visa, Green Card applicants: US immigration body can reject filings over invalid sign, still keep the fee

The top immigration body of the United States (US) is set to roll out a stricter policy for signature verification that could have major consequences for H-1B visa applicants, green card seekers and employers sponsoring foreign workers.

Under the new rules, if the US Citizenship and Immigration Services (USCIS) accepts an immigration request and later determines that the form lacks a valid signature, it can reject or deny the request at its discretion.

It is important to note that this is an interim final rule, which has been opened to the public till 10 July to invite suggestions and recommendations. The interim final rule was published in the Federal Register on 11 May and will be effective from 10 July this year.

This rule will clarify USCIS procedures for rejecting or denying benefit requests that do not meet regulatory requirements, thereby improving enforcement of signature requirements.

The Department of Homeland Security (DHS) is amending the regulations that govern the submission of immigration requests.

What changes under the new rule?

Under the updated framework, USCIS may reject petitions missing valid signatures at intake or deny cases during adjudication if signature issues are discovered later.

The policy also allows the agency to retain filing fees after a denial and treat the case as fully adjudicated. That means applicants could potentially lose thousands of dollars in filing costs while receiving no immigration benefits tied to the application.

Which signatures may now trigger problems?

DHS said the rule was introduced amid growing concerns over fraudulent signatures appearing on immigration forms.

USCIS clarified that handwritten signatures remain the standard requirement in most cases. Scanned copies of original wet-ink signatures, faxed versions and photocopies are still generally accepted.

However, the agency warned that several commonly used formats could be considered invalid, including:

• copy-and-paste signatures
• digitally generated signatures
• signature stamps
• reused signature images
• and signatures submitted by unauthorized individuals

Electronic signatures will remain valid only in limited USCIS-authorized online filing systems.

How it impacts H-1B and Green Card applicants

According to immigration experts, the biggest shift is that signature problems may now resurface even after the USCIS has accepted a filing.

Earlier, applicants could assume that there were no regulatory issues with their filing once the USCIS accepted it. However, under the new rule, officers can revisit the validity of signatures later and deny the petition if problems are found.

The National Law Review said that such denials could affect:

• employment authorization timelines
• lawful immigration status
• priority dates
• and work authorization validity
• Employers urged to tighten compliance checks

The rule is expected to affect companies that rely on digital workflows for immigration paperwork.

Legal experts are advising employers to carefully review filing procedures, verify all required signature fields and maintain records of original wet-ink signatures wherever possible.

(With inputs from Hindustan Times)