At the beginning of the COVID-19 pandemic, USCIS announced several “flexibilities” to facilitate immigration filings in the face of significant logistical challenges. One of those flexibilities was a much-needed suspension of the “wet ink” signature requirement for certain immigration forms.
After sustained success and positive feedback on what was supposed to be a temporary rule, USCIS announced on July 25, 2022 that the “reproduced signature flexibility” would become permanent, effective immediately.
While this change is, of course, welcome, USCIS has still implemented requirements for signatures that should be carefully considered when seeking immigration benefits.
Who is permitted to sign for an application, petition, request, or other filed documents?
The person seeking the immigration benefit must sign their own request before filing it with USCIS, except in limited circumstances. In providing a signature, the person affirms that they have authority to sign the document, have knowledge of the facts being represented in the document, and testify to the truth of those facts.
For business or government entities, the request must be signed by an authorized signatory. A person is “authorized” so long as the legal entity has given that person permission to sign on the entity’s behalf. Signatories may include the following:
If USCIS questions the authority of a signatory to bind a legal entity, it may issue a Request for Evidence (“RFE”).
The following are some of the exceptions to the rule that the person seeking the immigration benefit must provide a signature:
What makes a signature valid?
Although USCIS no longer requires original “wet ink” signatures, electronic signatures are not permitted. If the original signature page is not provided to USCIS, then the signature page must be a reproduction of the handwritten “wet ink” signature unless otherwise specified. USCIS will reject a signature created by a typewriter, computer word processor, stamp, or other similar methods.
Although the signature page needs to be a reproduction of the original signature, the signature itself need not be legible. It can even be a handwritten “X” or a similar mark in ink (including a fingerprint). Abbreviated signatures are also acceptable, assuming that the signatory typically signs their name in that manner.
USCIS submissions filed electronically can present an exception to this rule, and typed signatures may be permitted. Signatories should follow form instructions to ensure that any electronically-submitted forms are properly signed.
What happens if USCIS rejects a signature that has been submitted?
USCIS does not allow applicants, petitioners, or requestors to cure what it deems an “improper signature” and will return the entire package if the signature is not sufficient. Even if USCIS initially accepts a request for adjudication but later determines that the submission has a deficient signature, USCIS will issue a denial decision.
Once the package is rejected, the only option is to re-submit the package with a valid signature. If USCIS issues a denial decision based on its finding of a deficient signature, the applicant, petitioner, or requestor still has all motion and appeal options and rights that would otherwise be available, depending on the form at issue.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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