US tightens USCIS signature rules, raising risks for H-1B and Green Card applicants
USCIS will tighten signature verification rules from July 10, allowing H-1B and green card applications to be denied over signature discrepancies
In a development that can have serious repercussions for H-1B visa applicants and green card seekers, the Trump administration has started to roll out a tighter signature verification process under which the United States Citizenship and Immigration Services (USCIS) will be authorised to reject or even deny any immigration application in case signatures are found to be invalid. The applications can be rejected even after they had already been accepted for processing in case of invalid signatures.
According to a report in the Hindustan Times, the new regulation was published on the Federal Register on May 11 and will come into force from July 10. As per the new regulations, immigration applications can be rejected on the grounds of invalid signatures at intake, even if the issue is discovered later.
Fee retention clause
The USCIS will also be authorised to retain the filing fees after denial and treat the cases as fully adjudicated, which puts the applicants at a risk of losing thousands of dollars in filing costs. The rule will apply to immigration benefit requests filed on or before July 10.
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Explaining the rationale behind the move, the Department of Homeland Security (DHS) stated that it was introduced in view of growing concern over fraudulent signatures appearing on immigration forms.
Invalid signature formats
It further stated that while handwritten signatures remain the standard requirement in most cases along with scanned copies of original wet-ink signatures, faxed versions and photocopies are still usually accepted, but multiple widely used formats will be considered invalid under the new regulation.
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These formats include copy-and-paste signatures, digitally generated signatures, signature stamps, reused signature images, and signatures submitted by unauthorised individuals.
According to the report, Immigration attorneys have warned that one of the most significant changes under the revised policy is that signature-related discrepancies may now be flagged even after an applicant has already received a receipt notice from the United States Citizenship and Immigration Services (USCIS), creating fresh uncertainty for thousands of pending cases.
Post-receipt scrutiny
Until now, many applicants and sponsoring employers largely treated the issuance of a receipt notice as an indication that basic filing defects, including signature compliance, had already passed initial scrutiny.
Under the new framework, however, immigration officers will retain the authority to re-examine signature authenticity at later stages of adjudication and may deny petitions if any irregularity is subsequently identified.
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According to the National Law Review, such denials could carry wider immigration consequences and may potentially disrupt employment authorisation timelines, lawful immigration status, priority date protections, as well as the continued validity of work authorisation documents.
The changes are also expected to place added compliance pressure on companies that rely heavily on digital documentation systems while preparing immigration petitions for foreign workers.