Overview
U.S. Citizenship and Immigration Services (USCIS) has intensified its enforcement of signature compliance requirements in H-1B petition filings. As a result, an increasing number of petitioners are receiving Notices of Intent to Deny (NOIDs) or outright denials of Form I-129—not due to deficiencies in the underlying eligibility, but solely because of technical issues with how signatures were applied. These denials often stem from the use of electronically inserted, copied, or otherwise noncompliant signatures. In today’s stricter adjudicatory climate, it is critical that employers, attorneys, HR professionals, and petition preparers understand that failure to adhere to signature requirements may render an entire petition invalid, regardless of its merits
What Constitutes a Valid Signature
Under federal regulation 8 CFR § 103.2(a)(2), USCIS requires that all signatures submitted with a benefit request—such as Form I-129—be valid, original, and handwritten. The rule specifies that a valid signature must be made by hand by the person whose name is on the document. Acceptable forms include original ink signatures and properly reproduced copies of an originally hand-signed document. This may include a photocopy or scanned version of a physically signed page, provided that the original ink-signed version exists and is retained by the petitioner.
Importantly, signatures created using electronic tools—such as pasted images, digital signature software, signature fonts, or copy-and-paste methods—do not meet the definition of a valid signature under USCIS regulations. USCIS has made it clear that identical or uniform signatures appearing across multiple petitions or pages suggest the use of a scanned or digitally inserted signature, which is considered noncompliant.
During the COVID-19 pandemic, USCIS allowed limited flexibility in accepting scanned or faxed copies of ink-signed documents, but that temporary accommodation did not extend to electronic signatures or pasted signature images. That policy has since been rescinded, and full compliance with the original handwritten signature requirement is again expected for all filings.
What USCIS Is Finding and Denying
In recent decisions, USCIS has rejected H-1B petitions where the signatures on multiple pages—such as those for the petitioner, the preparer, and the beneficiary—appear exactly the same in size, style, and placement. This has raised red flags for adjudicators, who conclude that these signatures were likely copied and pasted or applied using digital means. In such cases, USCIS has determined that the petition was not properly executed and therefore cannot be favourably adjudicated.
In one example, USCIS noted that all three required signatures on Form I-129—those of the employer, the preparer, and the translator—were completely identical, strongly indicating the use of a scanned or image-based signature. In another case, when a petitioner attempted to correct the issue by submitting new signature pages, USCIS rejected them because the ink signatures did not match the originals. This illustrates how seriously the agency views consistency and authenticity in signature practices.
It is critical to note that USCIS does not issue a Request for Evidence (RFE) to correct a signature deficiency. Unlike other technical errors, signature issues render the petition improperly filed. Once submitted with an invalid signature, the petition is subject to immediate denial without an opportunity to cure the defect.
Guidance for Employers and Legal Representatives
To avoid costly rejections or denials, employers and their representatives must ensure strict compliance with USCIS signature requirements. Every individual who is required to sign the petition—whether it is the petitioner, the authorized signatory, the beneficiary, the preparer, or the translator—must sign by hand. Once the form is signed in original ink, a copy of that signed page may be scanned and submitted, provided the original is kept in the petitioner’s files for recordkeeping and audit purposes.
Each signature page should be signed separately and individually. USCIS expects to see natural variations between different signatures, even if signed by the same person on multiple documents. Copying and pasting a single signature image across multiple pages or petitions is not acceptable and may result in automatic denial.
Employers are advised to develop internal compliance procedures for signature collection. These should include maintaining a physical or digital log of original ink-signed documents, establishing a secure process for obtaining physical signatures from remote signatories, and training HR or legal teams on the risks of digital or image-based signature practices. Petitions that contain three or more signatures—such as those requiring signatures from the employer, the attorney or preparer, and the beneficiary—must be reviewed carefully for variation and authenticity.
Furthermore, original signed documents should be retained securely and separately from personnel files. If requested during an audit or inquiry, the employer must be able to present the original ink-signed document promptly.
Immigration Fleet Law Firm Recommendations
Based on current adjudicatory trends and our direct handling of USCIS responses, Immigration Fleet Law Firm strongly recommends the following steps to mitigate risk and ensure full compliance with federal requirements:
- All Form I-129s and related USCIS forms must be signed in original ink by the designated signatory. We advise using blue or black ink and physically mailing signature pages when necessary.
- Employers should retain original signed versions of all submitted forms in a secure and organized location for at least the duration of the visa validity and any applicable retention period.
- Under no circumstances should employers or preparers copy and reuse a scanned or digital signature image across documents, even when time constraints are present.
- All signature pages should be reviewed before submission to confirm that they reflect natural handwriting characteristics. Identical signatures across multiple pages or cases can result in automatic denials.
- We recommend implementing an internal signature protocol or checklist, especially when processing high volumes of H-1B filings, to ensure procedural compliance at each stage.
- Employers working with remote signatories should account for time needed to receive physically signed pages or utilize secure overnight delivery services to avoid delays or shortcuts that could risk invalidating a petition.
USCIS continues to treat signature noncompliance as a threshold deficiency that cannot be cured post-submission. Accordingly, we encourage employers and representatives to treat signature compliance with the same seriousness afforded to substantive eligibility requirements.
Conclusion
Signature compliance is not an administrative afterthought—it is a fundamental component of a properly filed petition. As H-1B adjudications become more document-sensitive, petitioners must approach signature requirements with strict attention to detail. An otherwise approvable petition may be denied on this single issue alone, without further opportunity to correct the record. Employers and legal practitioners must implement clear, compliant, and verifiable signature procedures to prevent unnecessary and costly denials.
For case-specific advice or assistance with compliance audits of your H-1B practices, please contact Immigration Fleet Law Firm for further guidance.
