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.
Attorney Mika B. Kozar filed an EB-1 Extraordinary Ability Immigrant Petition for one of the most prominent, accomplished, and forward thinking experts in the field of Enterprise Solutions Architecture, including Artificial Intelligence (AI), the Internet of Things (IOT), and Machine Learning. The self-petitioned beneficiary is well known in the global information technology industry for […]
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed […]