The ESIGN Act lets private parties sign contracts electronically. It does not force a government agency to accept electronic signatures on its own forms, and it leaves notarization to the people authorized to perform it. So for government paperwork the useful question is never "is my tool compliant?" but "what does this agency accept?"
The short answer by document
| Document | E-signature accepted? | Rule and source |
|---|---|---|
| IRS paper forms on the IRS list (examples below) | Yes | IRS e-signature policy, extended indefinitely and folded into IRM 10.10.1 |
| IRS forms not on that list | Check the form instructions | The list is form-specific |
| USCIS paper forms | No: handwritten only; a scan, copy or fax of the wet-ink original is accepted | DHS interim final rule, effective July 10, 2026 |
| USCIS forms filed online | Yes, through the signature step USCIS prompts during e-filing | Same rule |
| Documents that must be notarized | Only with a notary's electronic signature and whatever else state law requires | ESIGN § 101(g) and state notary law |
IRS: yes, for the listed forms
The IRS publishes a list of paper forms that cannot be e-filed but may carry an electronic signature. Among them: Form 706 and its variants, Form 709, Form 1120 variants such as 1120-H, Forms 3115, 8283, 8802 and 8832, the 8453, 8878 and 8879 series, and Section 83(b) elections. The IRS accepts a typed name, a scanned image of a handwritten signature, a signature drawn on a pad or a screen, or one created by third-party software, and it does not require a specific technology.
The IRS page that lists these forms says the policy was "extended indefinitely" and integrated into the Internal Revenue Manual (IRM 10.10.1). The same page carries an archival notice, so check the current form instructions before you rely on it for a filing with a deadline.
USCIS: wet ink on paper, and the stakes went up in 2026
A DHS interim final rule published on May 11, 2026 and effective July 10, 2026 restates what counts as a valid signature on a USCIS benefit request. On a paper filing it is a handwritten mark by the requestor. A scanned, copied or faxed version of the originally signed request, with the wet-ink signature on it, is accepted. An electronic signature is valid only when it is the secure signature USCIS itself prompts in its e-filing system.
The rule also changes the consequence. If USCIS accepts a request and later finds it lacks a valid signature, it may reject or deny it, with narrow exceptions for certain citizenship certificate applications. A denial is worse than a rejection: the case is decided against the filer.
Our advice: do not send a USCIS paper form through any e-signature tool, including the ones we rank. Print it, sign it by hand, and scan it if you are filing a copy.
Notarization: the tool is not the notary
ESIGN allows an electronic signature to satisfy a notarization requirement only when it is the electronic signature of the person authorized to notarize, attached with the other information the law requires. For a signer who is not in the same room, that means remote online notarization (RON): a commissioned notary performs the act over audio and video, under the notary law of their state.
Our pick for RON is Docusign Notary. It lets an organization use its own notaries or an on-demand pool through a partner, and Docusign says it uses identity proofing. Docusign itself says most states have RON laws, that requirements differ by state, and that the use case should be confirmed with a legal advisor.
Who should skip it: anyone notarizing one document a year. A local notary or your bank is simpler. And for real estate closings, use the title company's process.
Related
For the general rule on private contracts, see are electronic signatures legally binding. For patient forms and FDA records, see HIPAA and Part 11 e-signatures. If you prepare returns and collect Forms 8879 or 8878, see e-signature for accountants and tax preparers for the identity checks Publication 1345 requires.
Traceable evidence
Sources for this decision
- officialElectronic Signatures in Global and National Commerce ActUnited States Congress · checked Aug 5, 2026 · supports: Federal rules for electronic records and signatures in interstate or foreign commerce, including consumer-disclosure requirements and statutory exclusions; not a conclusion that every document or workflow is eligible.Open source ↗
- regulatorDetails on using e-signatures for certain formsInternal Revenue Service · checked Oct 27, 2026 · supports: IRS list of paper-only forms that may carry electronic signatures, the accepted signature methods and the statement that the policy was extended indefinitely and integrated into IRM 10.10.1; the page is marked archival, and it does not cover forms outside the list or e-file signature rules.Open source ↗
- regulatorPublication 1345 (Rev. 12-2025), Handbook for Authorized IRS e-file Providers of Individual Income Tax ReturnsInternal Revenue Service · checked Oct 27, 2026 · supports: IRS Publication 1345 (Rev. 12-2025) guidance that taxpayers may e-sign Forms 8878 and 8879 when the software meets IRS requirements: acceptable methods include a typed name, a stylus mark and a shared secret; the software must record the signed form image, date and time, IP address and login for remote signing, identity-verification results and the signing method; identity verification must meet NIST SP 800-63 level 2 with knowledge-based authentication or higher; remote signers are verified through record checks; three failed KBA attempts require a handwritten signature; signed records must be tamper-proof. It does not certify any e-signature product.Open source ↗
- regulatorSignatures on Immigration Benefit Requests, interim final rule (91 FR, May 11, 2026)US Department of Homeland Security (Federal Register) · checked Oct 27, 2026 · supports: The DHS interim final rule published May 11, 2026 and effective July 10, 2026: a valid signature on a paper USCIS request is a handwritten mark, a scanned, copied or faxed copy of the wet-ink original suffices, an electronic signature is valid only when prompted in USCIS e-filing, and USCIS may reject or deny a request later found to lack a valid signature, with certificate-of-citizenship applications only rejectable; it does not address other agencies.Open source ↗
- vendorDocusign Notary (remote online notarization)Docusign · checked Oct 27, 2026 · supports: Docusign's description of remote online notarization with the customer's own notaries or an on-demand pool through OneNotary, identity proofing, and its note that state RON requirements differ; it does not establish that a notarization is valid in a given state.Open source ↗
- vendorDocusign official product siteDocusign · checked Aug 5, 2026 · supports: Vendor-published product scope used to verify capabilities relevant to this buyer context: Organizations evaluating a broad agreement workflow and integration ecosystem. It does not prove the guide's fit verdict, configured performance, current pricing or compliance.Open source ↗