USCIS Publishes Interim Final Rule on Mandatory Electronic Filing
11 August 2026
The Department of Homeland Security published an interim final rule, effective August 11, 2026, which gives U.S. Citizenship and Immigration Services (USCIS) the authority to require electronic filing (“e-filing”) for certain immigration forms. Importantly, this rule does not immediately require any forms to be filed electronically. Instead, it gives USCIS the authority to require e-filing in the future, provided certain conditions are met.
In order to require e-filing for a particular form:
The form must have been available for e-filing for at least 180 days.
USCIS must publish notice on its website providing 60 days' advance notice before the e-filing requirement takes effect for that form.
The rule also establishes a waiver process for applicants who cannot comply with the mandatory e-filing requirement due to undue hardship. Individuals must submit Form I-936, Request for Waiver of E-Filing Requirement, along with supporting documentation and a $25 filing fee, before submitting a paper filing. If USCIS grants the waiver, the waiver approval is valid for 30 days from its date of issue. Accounting for mailing time, USCIS must receive the paper filing by mail within 33 calendar days of the waiver approval notice being issued.
