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Immigration News Alert
USCIS Issues Interim Final Rule on Invalid Signatures
Key Point
- USCIS issued an interim final rule that authorizes the agency to deny filings with invalid signatures—even after acceptance—and to retain the associated filing fees.
Invalid Signatures
U.S. Citizenship and Immigration Services (USCIS) amended 8 CFR 103.2(a)(7) to clarify how the agency handles filings later found to contain improper or non‑compliant signatures. Beginning July 10, 2026, USCIS adjudicators will have explicit authority to:
- Reject or deny a filing if a signature defect is identified after intake
- Keep the filing fee and treat the case as fully adjudicated
- Consider the applicant ineligible for the requested benefit based solely on the signature issue
USCIS states:
“USCIS may retain the associated benefit filing fee and consider the application fully adjudicated and the applicant ineligible for the requested benefit.”
Why USCIS Is Implementing This Change
DHS explains that the rule is intended to strengthen compliance with signature requirements and reduce misuse. The agency cites a rise in filings containing:
- Copied or pasted signature images
- Stamped signatures not permitted by form instructions
- Signatures applied by unauthorized individuals
USCIS notes that some cases involved hundreds or even thousands of filings using the same signature image.
According to DHS, codifying this authority will:
- “Encourage compliance with signature requirements.”
- “Protect the integrity of the adjudication process.”
- Allow USCIS to “recoup costs associated with enforcing these requirements.”
What USCIS Considers an Invalid Signature
Under the IFR, a valid signature must be:
- A handwritten signature, or
- A secure electronic signature where specifically permitted
Examples of invalid signatures include:
- Copied/pasted signature images
- Stamped signatures (unless allowed by form instructions)
- Signatures made by individuals not authorized to sign on behalf of the applicant or petitioner
USCIS highlights that it has adjudicated numerous appeals involving copied signatures, including one case involving 3,000 petitions with the same pasted signature.
Looking Ahead: Public Comment Period
DHS is accepting public comments through July 10, 2026, under Docket No. USCIS‑2026‑0166. Comments may be submitted via the Federal eRulemaking Portal.
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