Client Alert: USCIS Policy Regarding Attorney Signatures on Applications and Petitions

BAL Corporate Immigration - Berry Appleman & Leiden LLP

Client Alert

USCIS Policy Regarding Attorney Signatures on Applications and Petitions

February 19, 2010 - On February 17, U.S. Citizenship and Immigration Services (USCIS) held a teleconference with stakeholders to discuss its policy with respect to whether an outside attorney may sign petitions and applications on behalf of a client, such as through the use of a power of attorney. The agency made conflicting statements regarding who is authorized to sign petitions and applications filed with the agency, and intends to issue new guidance within the next few weeks. The uncertainty regarding the agency’s position on this issue means that companies should not file any petition or application signed by outside counsel without first considering the recent developments and their potential ramifications.

For years, USCIS has routinely accepted and approved petitions and applications where the petitioner or beneficiary had granted legal authorization to outside counsel to sign the required documents. On multiple occasions, USCIS issued guidance to the public recognizing the practice, and many companies and individuals relied upon the agency’s policy statements. Several weeks ago, however, USCIS published on its website a signed memorandum that stated that USCIS policy “continues to be that the individual applicant or petitioner must personally sign the application or petition.” The memorandum went on to state that an application or petition signed by counsel “does not” meet the regulatory requirements and will be rejected or denied - even when the outside lawyer had legal authority to sign the documents. Within a few days, USCIS pulled the memorandum from its website. The agency explained during the February 17th teleconference that the signed memorandum was removed so that further input could be obtained from the public regarding the policy.

During the teleconference, USCIS said that the released memorandum - which prohibits attorneys from signing forms except in very limited circumstances - does not represent a change in policy. However, the agency went on to say it will issue a “new policy” that will not become effective until after the FY2011 H-1B filing season begins (April 1, 2010), thereby allowing petitioners and applicants time to adapt to new requirements.

BAL Comment: BAL and the Global Personnel Alliance continue to engage with USCIS concerning the agency’s policy regarding the use of powers of attorney. Pending further guidance from USCIS, BAL recommends that petitioners and beneficiaries refrain from using a power of attorney without first speaking with counsel. If you would like to provide input to the agency regarding this issue and how it will affect your company, we encourage you to contact Christiana Kern at ckern@balglobal.com or by phone at (202) 682-6128.

- Berry Appleman & Leiden LLP

Disclaimer: This client alert is intended as a report on legal developments. It is not intended as legal advice. Readers should not act upon the contained information without professional advice. No portion of this alert may be reproduced without express permission.