USCIS Processing Alert 2026: Invalid Signatures May Now Lead to Outright Denial
USCIS has updated its policy to allow officers to deny benefit requests that contain invalid signatures, rather than issuing a Request for Evidence. Applicants must ensure all forms are properly signed before submission.
U.S. Citizenship and Immigration Services (USCIS) has announced a significant procedural shift: benefit requests submitted with invalid or missing signatures may now be outright denied, rather than returned or subjected to a Request for Evidence (RFE). This marks a stricter enforcement stance on a long-standing requirement.
Previously, USCIS officers had discretion to issue an RFE or a Request for Initial Evidence (RFE) when a signature was found to be missing or defective. Under the updated guidance, officers are permitted to skip that remediation step and issue a denial directly, meaning applicants lose both filing fees and valuable processing time.
For EB-3 applicants and their employers, this change has direct implications. Petitions such as Form I-140 (Immigrant Petition for Alien Workers), Form I-485 (Application to Register Permanent Residence), and related forms must be reviewed carefully to confirm that all required signature fields are completed by the correct party — whether the petitioner, applicant, or attorney of record.
Immigration attorneys, including those at Murthy Law Firm, are advising clients to conduct thorough pre-submission reviews of all forms. Electronic signatures, wet signatures, and attorney authorization signatures each carry specific requirements that must be met to avoid a denial.
Applicants currently preparing EB-3 petitions or adjustment of status packages should work closely with their legal counsel or employer's HR/legal team to audit all signature fields before filing. A single missing or invalid signature on any form in a package can now jeopardize the entire submission.
A federal court has ruled that USCIS adjudication hold policies are unlawful, a decision that could directly affect EB-3 processing times and pending applications in 2026.
A June 8, 2026 court decision vacated the $100,000 H1B fee requirement. DHS announced compliance with the order, allowing employers to file H1B petitions without the additional fee while future steps are considered.
DHS issued an Interim Final Rule effective July 10, 2026, strictly enforcing wet-ink signature requirements for USCIS filings. Invalid signatures—including DocuSign and typed names—may result in denial with no refund or chance to refile.