USCIS Enforcement on Signature Validity May Affect Petition Approvals

USCIS has clarified that benefit requests with invalid or missing signatures may be denied outright, rather than just issued an RFE. This means any petition, including L-1, EB-1C, or EB-5 filings, must have properly executed signatures as per 8 CFR §103.2(a)(7). From our experience, even minor deviations like electronic signatures not matching USCIS standards or unsigned forms have led to denial rather than a chance to correct.

We advise clients to meticulously review signature sections on all forms before filing. For example, I-129 (L-1/H-1B) and I-526 (EB-5) require original ink signatures by the petitioner or authorized signatory. USCIS does not accept signatures by stamps or third parties without proper authorization. Our practice includes a final checklist confirming signature validity and signer identity, which has helped prevent rejections in over 30 cases last year.

For Chinese corporate executives applying under L-1 or EB-1C, it is critical to have the designated company officer or authorized representative sign all petitions. We recommend companies assign a responsible person and maintain a signature log. For EB-5 investors, personal signature on the I-526 petition is mandatory; avoid relying on agents to sign on your behalf. These steps minimize risks of denial due to signature issues.

Once USCIS issues a denial based on signature invalidity, reopening or reconsideration is possible but time-consuming and costly. Proactively, we suggest clients double-check signature compliance before submission. If you receive a denial for this reason, consult your attorney immediately to file a motion to reopen citing 8 CFR §103.5. However, prevention is always more efficient than remediation.