USCIS Denials Over Signature Irregularities: A Critical Compliance Alert for H-1B Filings
U.S. Citizenship and Immigration Services (USCIS) has intensified scrutiny of signature compliance in H-1B petitions, leading to a growing number of Notices of Intent to Deny (NOIDs) and outright denials. At the center of this enforcement action is the requirement that all signatures on Form I-129 must be valid handwritten signatures, either originally ink-signed or properly reproduced from an original, not electronically inserted or duplicated. Under 8 CFR § 103.2(a)(2), a valid signature is defined as one made by hand on the original document. During the COVID-19 pandemic, USCIS allowed temporary flexibility in accepting photocopies, scans, or faxes of documents containing original handwritten signatures—but the original had to be physically signed by hand [USCIS COVID Signature Policy]. Importantly, this flexibility did not authorize the use of electronically pasted images of signatures, nor the use of identical signature copies across multiple pages. In recent adjudications, USCIS identified multiple I-129 petitions in which all required signatures appeared identical across pages, suggesting the use of a scanned image or digital copy. USCIS emphasized that such uniformity is inconsistent with the natural variation of genuine ink signatures and determined these signatures were not compliant with applicable regulations and instructions. The agency concluded that the petitions had not been properly signed and therefore could not be adjudicated favorably. USCIS further clarified that:Access insight, news and updates from across the Thomas V. Allen
USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.
On January 12, 2018, USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States […]
Employers will get a permanent option for verifying employment eligibility remotely beginning Aug. 1 under new Homeland Security Department regulations. The rule was released Friday ahead of the Aug. 30 expiration of temporary, Covid-19 era flexibility for employment verification. Companies that have used that option for the past three years have scrambled in recent weeks to review […]