USCIS AOS Policy Change 2026: New Signature Rule Could Deny EB-3 Filings Effective July 10

On May 11, 2026, the Department of Homeland Security published an Interim Final Rule titled 'Signatures on Immigration Benefit Requests,' taking effect July 10, 2026. While DHS describes it as a clarification of existing policy, the rule materially increases the consequences of signature errors on USCIS petitions and applications. Under the new rule, only handwritten ('wet ink') signatures are considered valid for USCIS filings. Scanned, photocopied, or faxed copies of wet-ink signed forms remain acceptable. However, electronically generated signatures—including those created via DocuSign, typed '/s/' signatures, copy-pasted signature images, and signature stamps—are explicitly classified as invalid. The most significant change is the elimination of any opportunity to cure a deficient signature. USCIS may now reject or deny a filing after it has already been accepted and may retain the filing fee. This means a case could be treated as fully adjudicated against the applicant, leaving them ineligible to refile for the same benefit. For EB-3 applicants and their employers, the practical stakes are especially high. Given current USCIS processing backlogs, a signature defect may not be identified until months or years after submission—potentially after priority dates, deadlines, or eligibility windows have closed. A denial at that stage could be irreversible. Applicants, petitioners, and attorneys should immediately audit their filing workflows to ensure wet-ink signatures are obtained before submission. All forms, including I-140 petitions and I-485 adjustment of status applications, must comply with the new standard by July 10, 2026. Public comments are accepted through the same date.