A recent case involving one of our H-1B clients highlighted the practical impact of USCIS’s new signature enforcement on petitions and adjustment of status applications. This client’s I-129 petition was initially denied due to a missing handwritten signature on a key form, causing a costly delay. From our hands-on experience, this is not an isolated issue but rather a growing trend that applicants must proactively address.

USCIS updated its policy guidance requiring all petition forms, including I-129 (H-1B) and I-485 (adjustment of status), to bear original handwritten signatures by the petitioner or applicant. This change is reflected in the USCIS Policy Manual (Volume 2, Part B, Chapter 3), emphasizing that electronic or stamped signatures no longer meet the evidentiary standard. Failure to comply can lead to outright rejection or denial, rather than a Request for Evidence (RFE).

Attorney Insight
For our client base, especially corporate executives applying under H-1B or EB-1C categories, this means an increased burden to double-check all submission materials. We recommend HR departments immediately conduct an internal audit of signature procedures. For example, confirm that the employer’s authorized signatory personally signs the I-129 petition and any supporting letters. Similarly, for EB-1C petitions, the corporate resolution and organizational documents must be signed in original ink.

Additionally, for EB-5 investors filing I-526 petitions or adjustment applications, this rule applies equally. Given that many EB-5 applicants rely on third-party immigration counsel and project documents, ensuring original signatures on all forms and affidavits is critical to prevent denials that can cause significant financial and timing setbacks.

Actionable steps we advise today include: 1) Immediately review all current and upcoming filings to verify original signatures on all USCIS forms; 2) If you have pending applications without proper signatures, file a corrected submission or a motion to reopen promptly before USCIS issues a denial. We have successfully assisted clients to reverse denials by providing corrected signature pages within the allowed timeframe.

From a legal perspective, this signature requirement is grounded in 8 CFR 103.2(a)(7), which requires a valid signature on all benefit requests. USCIS’s stricter enforcement aligns with combatting fraud and maintaining document integrity. While this may seem burdensome, it ultimately serves to protect petitioners’ interests and reduce unnecessary processing delays caused by incomplete filings.

In conclusion, we urge all petitioners and applicants, especially those in H-1B and EB-1C categories, to treat signature compliance as a top priority. Proactively coordinating with legal counsel and HR to standardize signature collection and verification processes can save thousands of dollars and months of waiting. This rule change, while challenging, is manageable with careful preparation.

What this means for you: Check your pending or upcoming USCIS applications now for original signatures. If you find any discrepancy, submit corrections immediately to avoid denials. For new filings, insist on original ink signatures on all forms and supporting evidence. Taking these steps will ensure smoother processing and protect your path to work authorization and permanent residency.