If you’ve received a Notice of Intent to Deny (NOID) from USCIS claiming your signature is invalid, you’re not alone. Immigration attorneys across the country are reporting a surge in these denials, particularly for H-1B cases, and the consequences can be devastating for your immigration timeline and legal status.
The Problem: When Technology Meets Immigration Law
Here’s what’s happening: USCIS appears to be using artificial intelligence (AI) to detect when the same signature image appears multiple times across different parts of a form or across multiple forms. What might seem like an efficient business practice—using a saved digital signature file—is now triggering automatic scrutiny and potential denials.
The American Immigration Lawyers Association (AILA) has been tracking this issue since it first emerged with humanitarian cases and has now documented its spread to H-1B lottery cases and other petition types. According to AILA’s September 2025 practice alert, these cases are being flagged when “the company’s signatory has pasted a copy of their signature rather than signing each form with a ‘wet’ signature.”
Understanding the Legal Distinction: Digital vs. Scanned Signatures
This might seem like semantics, but in immigration law, the distinction is crucial and legally significant. According to the USCIS Policy Manual, Volume 1, Part B, Chapter 2, there are two acceptable approaches to signatures:
- Original wet signature that is later reproduced: You physically sign the document, then scan, photocopy, or fax that signed document
- Electronic signature as permitted by form instructions: Following specific electronic signature protocols outlined in the form instructions
What USCIS is rejecting are saved signature graphics—digital image files of signatures that are inserted into multiple documents without the person actually signing each individual form.
The Policy Manual is clear: “A signature is valid even if the original signature on the document is photocopied, scanned, faxed, or similarly reproduced. Regardless of how it is transmitted to USCIS, the copy must be of an original document containing an original handwritten signature.” (8 CFR 103.2(a)(2))
The key phrase here is “original document containing an original handwritten signature.” If you’re pasting a saved signature file, there was never an original handwritten signature on that specific document.
Why These Are Usually NOIDs, Not RFEs
When USCIS discovers what they believe to be a pasted signature graphic, they typically issue a Notice of Intent to Deny (NOID) rather than a Request for Evidence (RFE). Here’s why this distinction matters:
- RFE: Requests additional evidence to support your case
- NOID: Indicates USCIS intends to deny unless you can overcome their concerns
The problem is that if your original filing used a pasted signature graphic, there often isn’t a way to “fix” this issue. You can’t retroactively create an original wet signature that was never made. Some attorneys report that even when they submit newly signed original documents in response to NOIDs, USCIS still proceeds with denial because the original filing lacked a valid signature.
The AI Detection Factor
Based on reports from immigration practitioners, USCIS appears to be using AI technology to identify cases where signatures are identical across multiple parts of forms or across multiple filings. This technology can detect minute details in signature reproduction that suggest the same digital file was used multiple times rather than multiple original signatures being made.
While USCIS hasn’t officially confirmed their use of AI for signature detection, the pattern of cases being flagged suggests automated screening is occurring during the initial review process.
The Litigation Response
Given the significant investment many employers and individuals have in their immigration cases, some are turning to federal litigation to challenge these denials. Immigration attorneys report mixed success with this approach, and litigation adds both time and expense to an already complex process.
The regulatory basis for these challenges often centers on whether USCIS’s signature policy exceeds the scope of the underlying regulation. The regulation at 8 CFR 103.2(a)(2) simply requires signatures to be “handwritten,” while the Policy Manual adds additional requirements about original documents.
Prevention: Why Our Office Might Seem “Picky” About Signatures
At Immigration Law of Montana, if we reject a signature method at our office, it might seem unnecessarily picky. But we have a good reason: this exact policy issue. If a signature method seems “offending” to us, it will likely seem that way to USCIS as well. We’re trying to save you from the heartache, delays, and potential denial that come with signature-related NOIDs.
Here’s our recommended approach for Rocky Mountain state clients:
For Individual Petitioners:
- Always physically sign each document by hand
- After signing, scan or photocopy the signed document
- Never use saved signature image files or digital stamp signatures
- Keep the original signed documents for your records
For Corporate Signatories:
- Ensure authorized signers physically sign each petition
- Maintain original signed documents in company files
- Train staff on proper signature procedures to avoid costly mistakes
- Consider the time investment of proper signatures as insurance against denials
What USCIS Considers Acceptable vs. Unacceptable
According to the USCIS Policy Manual, acceptable signatures include:
- Original handwritten signatures
- Handwritten “X” or similar marks (if unable to write)
- Abbreviated signatures (if consistent with normal signing)
- Signatures by parents/guardians for children under 14
- Signatures under valid power of attorney for incapacitated adults
- Original signatures that are later photocopied, scanned, or faxed
Unacceptable signatures include:
- Typed names on signature lines
- Signatures created by typewriter, word processor, stamp, or auto-pen
- Attorney signatures on behalf of clients (with limited exceptions)
- Saved digital signature graphics pasted into documents
The Regional Advantage: Rocky Mountain State Expertise
For clients in Montana, North Dakota, South Dakota, Wyoming, Utah, Idaho, and Colorado, working with an attorney who understands both the national trends and regional USCIS processing patterns can be crucial. Our experience with the various service centers that process cases from the Rocky Mountain states gives us insight into how these signature issues are being handled in practice, not just in policy.
The Bottom Line: Technology Isn’t Always Your Friend
While technology has streamlined many aspects of immigration practice, signature shortcuts can create expensive problems. The convenience of saving a few minutes with digital signature files can cost months or years in delays, thousands in legal fees, and potentially derail your entire immigration case.
The old-fashioned approach—physically signing documents before scanning them—remains the safest path forward. In immigration law, where precision and compliance are everything, it’s better to be traditional than sorry.
When You Need Help
If you’ve received a signature-related NOID or RFE, time is critical. These notices typically provide only 30 days to respond, and the response strategy depends heavily on the specific circumstances of your original filing and the evidence available to support your case.
At Immigration Law of Montana, we’ve been helping clients navigate complex USCIS policies and procedures for nearly three decades. Our approach combines thorough knowledge of current regulations with practical experience in what actually works with USCIS adjudications.
Whether you’re facing a signature-related denial or want to ensure your future filings avoid these pitfalls, we’re here to help clients throughout the Rocky Mountain states with experienced, detail-oriented representation.
This article is based on current USCIS policies and recent reports from immigration practitioners. Immigration law and policies change frequently. For specific advice about your situation, consult with an experienced immigration attorney.
