As we move through H-1B cap season, foreign nationals and U.S. employers must remain vigilant about an often-overlooked requirement: valid signatures on USCIS forms. Despite prior guidance allowing scanned signatures, recent filings—particularly H-1B and H-1B1 specialty occupation petitions—have faced increased scrutiny, with reports of Requests for Evidence (RFEs) and rejections due to missing or invalid signatures.
What’s the Issue?
Recent trends show that scanned copies of signatures, even though still officially accepted by USCIS under its permanent pandemic-era flexibility policy, are triggering signature-related RFEs and, in some cases, outright rejections. These developments are particularly prevalent with petitions submitted to Lockbox facilities during the high-volume H-1B filing period.
USCIS Policy vs. Practice
The USCIS Policy Manual has not changed—the agency continues to accept scanned, faxed, or photocopied signatures on all benefit forms. However, practical outcomes are diverging from written policy. A pattern of RFEs requesting “wet” signatures (i.e., original ink signatures) is emerging, likely due to heightened scrutiny during the cap season.
To address this discrepancy, USCIS has previously stated:
“If a document is scanned, faxed, or photocopied, the original signed page should be retained and made available if requested.”
Despite this flexibility, applicants must ensure that the wet-signed original page is kept on file. This has become crucial in light of USCIS’s trend toward requesting or enforcing wet signature compliance even when a scanned version has been submitted.
Best Practices for Employers and Applicants
To prevent unnecessary delays or denials in your H-1B process, we strongly recommend the following:
- Always retain the original wet signature page in your internal records, even if submitting a scanned copy to USCIS.
- If possible, submit the wet signature version directly in your filing, especially for time-sensitive or high-priority petitions.
- Keep a full digital copy of all documents submitted, including timestamps and Lockbox-received confirmation, to support any follow-up inquiries or appeals.
What to Do If You Receive an RFE or Rejection
If you or your attorney receives an RFE or rejection related to signature validity:
- Locate the original wet signature page immediately.
- Provide a clear color copy of the page with the wet signature.
- Include USCIS-stamped evidence of the original filing, such as the Lockbox receipt.
While USCIS has not formally updated its signature policy, understanding this practical shift can save time, money, and even visa eligibility for H-1B candidates.
For case-specific guidance or a review of your H-1B petition documents, contact Ahluwalia Law Offices today. Our experienced team is here to ensure your petition meets all evolving USCIS requirements.
