USCIS Introduces Framework for Mandatory E-Filing

USCIS can now require a benefit request to be filed electronically where the relevant form has been available for e-filing for at least 180 days.

Before a mandate takes effect, USCIS must provide at least 60 days’ advance notice identifying the affected form or filing circumstances.

The requirement can apply generally or only in specified cases, allowing USCIS to introduce mandatory e-filing incrementally rather than across all forms at once.

Electronic filing can include online form completion, use of an approved electronic interface or uploading a completed PDF through a USCIS online account.

Until USCIS designates a form for mandatory e-filing, applicants, petitioners and employers should continue to follow the existing filing instructions for that form.

Which forms could become subject to mandatory e-filing?

The rule does not identify any specific form that will become mandatory.

USCIS already offers electronic filing for a range of employment, family, humanitarian and citizenship applications and petitions, but availability can differ by form and case type.

The online filing option in itself does not therefore mean that every filing using that form can currently be submitted electronically.

Once a form has met the 180-day availability requirement, USCIS can announce a mandatory filing requirement without undertaking a separate full rulemaking for that individual form.

Can a paper filing still be made?

Where mandatory e-filing applies, a person or entity that cannot comply with the requirement would generally need USCIS approval to file on paper.

The waiver process uses Form I-936, Request for Waiver of E-Filing Requirement. The applicant or petitioner must explain and document why electronic filing would cause undue hardship.

USCIS may consider factors such as geographic location, socioeconomic circumstances and access to technology. Unfamiliarity with the electronic filing system or simply not having an online account will generally not be enough on its own.

DHS has also indicated that represented applicants and business entities will generally be less likely to establish the hardship needed for a waiver, although each request must be considered on its individual facts.

Form I-936 generally carries a $25 filing fee. A separate waiver request will normally be required for each benefit request the filer wishes to submit on paper.

If approved for a new filing, the waiver will generally be valid for 30 days from issuance, with additional time allowed where the approval notice is served by mail.

Once a mandatory e-filing requirement applies, a paper filing will generally not be accepted unless USCIS has approved an applicable waiver.

What does the rule mean for employers?

There is no immediate requirement for employers to move existing immigration filings online but employers should now expect USCIS to introduce mandatory e-filing progressively for forms that already have established electronic filing capability.

Employers with high-volume immigration programs should review how existing filing workflows would operate in a mandatory digital environment, particularly where current processes rely on paper signatures, physical petition packages or manual coordination between HR, legal teams and outside counsel.

The practical difficulty may be greater where related forms do not follow the same filing method or where USCIS systems require manual data entry and document upload rather than direct integration with case-management systems.

The 60-day notice period will provide some preparation time, but employers may need more than procedural changes. Account access, document management, internal approvals and case ownership may all need to be addressed before a particular form becomes mandatory.

What does the rule mean for applicants and petitioners?

For individuals, current filing methods remain unchanged until USCIS announces a mandate for a particular form or filing type.

Once a mandate takes effect, applicants will need to use the required electronic filing method unless USCIS approves a waiver.

Applicants should therefore check the current filing instructions immediately before submitting a benefit request rather than relying on how the same form was filed previously.

Those who may genuinely be unable to use electronic filing should also account for the additional time needed to request and obtain a waiver before submitting the paper benefit request.

What happens next?

The interim final rule is already effective, but no specific USCIS form has yet been made subject to mandatory e-filing under it.

USCIS will need to identify the forms or filing circumstances it intends to cover and provide at least 60 days’ advance notice before each mandate takes effect.

DHS is accepting public comments on the interim final rule through October 13, 2026.

Employers, applicants and immigration practitioners should therefore monitor USCIS filing announcements closely, particularly for forms that have already been available electronically for at least 180 days.

Need Assistance?

For advice on USCIS electronic filing requirements and how future mandatory e-filing could affect your immigration processes or application, book a fixed-fee telephone consultation with one of our US immigration attorneys.

Access the Final Rule here >