USCIS has begun denying some Form I-129 petitions based on concerns about the validity of the employer’s signature. In several recent cases, USCIS has noted that signatures appeared identical to those submitted with previous filings and concluded that the signatures had been electronically applied or copied rather than placed on the form by the authorized signatory. 

The denials follow a recent Department of Homeland Security interim final rule that expressly gives USCIS adjudicators discretion to reject or deny a benefit request when USCIS determines after accepting the filing that it does not contain a valid signature. A denial can be particularly costly because USCIS may retain the filing fee after fully adjudicating the petition. 

Importantly, USCIS continues to permit the filing of a photocopy, scan or other reproduction of a properly signed document. The critical distinction is that the reproduced signature must come from the actual form or document that was originally signed by hand. USCIS specifically identifies as invalid the practice of copying and pasting an image of a signature from one document onto another, using signature software, or applying a stamped signature. 

USCIS has acknowledged that these issues may not be detected until adjudication because an improperly copied signature can look much like a legitimate copy of a handwritten signature. Officers may compare signatures against prior filings when evaluating whether a signature is valid. 

During a recent NCAE H-2A Committee call, participants shared practical approaches they have used in response to the increased scrutiny. These are not requirements contained in the regulation, but employers may want to consider them as risk-reduction measures. 

Practices reported to be working include: 

• Obtaining a new wet-ink signature for each Form I-129 petition 

• Using a recently obtained signature, preferably less than 90 days old 

• Varying the natural placement of the signature rather than repeatedly using an identical signature image 

Practices to avoid include: 

• Reusing a signature taken from an earlier petition or other document 

• Applying the same stored signature image to multiple petitions 

• Relying on older stored signatures 

• Using Adobe or other electronic signature software to place the signature on the form 

• Using a signature stamp 

Employers should review their I-129 filing procedures now, particularly if petitions are prepared centrally and signatures have historically been stored and reused. The safest practice is for the authorized representative to actually sign each petition, after which the signed petition may be scanned or copied for filing consistent with USCIS policy. 

If USCIS denies an I-129 because of an invalid signature, the employer may file a new petition with a valid signature, although the employer may incur delays and pay the applicable filing fees again. 

For questions about Form I-129 signature requirements or about the H-2A program in general, please contact the Western Growers H-2A Services Team.