The Department of Homeland Security (DHS) published an interim final rule (IFR) establishing mandatory electronic filing (e-filing) requirements for certain immigration benefit requests submitted to USCIS. This rule amends the regulations to allow USCIS to use its discretion to require the use of e-filing to submit a benefit request.
1. Scope and Purpose
What Is E-filing?
USCIS has provided e-filing options since the early 2000s. Through e-filing, benefit requestors may electronically file or submit a benefit request, supporting evidence, documents, notices, and communication in a manner made available and approved by USCIS using USCIS online accounts. Requestors may submit a benefit request by completing the form online, in a web portal, via an electronic interface, or by uploading a PDF of the completed form through an approved online account. As per the DHS’s definition, e-file remains flexible enough to account for any future or additional types of e-filing USCIS may develop.
What Has Changed under this Rule?
Mandatory e-filing: This new rule mandates benefit requestors to file certain forms designated by USCIS only through e-filing. To achieve this end, the new rule amends the regulations to provide when USCIS may use its discretion to require the use of e-filing to submit a benefit request.
What Is the Purpose of this New Rule?
DHS seeks to modernize USCIS operations by shifting from using paper forms to using e-filing for all benefit requests. Currently, e-filing is available for selective forms and types of applications. USCIS currently encourages people to file online but does not require them to do so. Accordingly, benefit requestors may choose whether to proceed with e-filing or paper-based filing.
As a reason to establish this new rule, DHS points out the costs in handling paper-based filings. For submissions received on paper forms, the agency digitizes the paper benefit requests upon receiving them. This process is duplicative and costly as it requires manual receipting paper forms, as well as scanning and entering information into the digital systems.
To reduce the inefficiencies arising from using paper forms and ultimately transition to a fully electronic environment, USCIS wants to develop initiatives allowing it to move away from systems that allow benefit requestors to submit one form online while requiring related or ancillary forms to be filed on paper. Mandating e-filing would allow USCIS to eliminate paper dependent systems, centralize processes, and expand automated functions for all benefit requests.
2. Mandatory E-Filing Requirements
Which Filings Are Subject to the Mandatory E-Filing Requirement?
As per the new rule, USCIS may require e-filing for any benefit request USCIS has made available for e-filing for at least 180 days. As of December 16, 2025, USCIS offers 22 forms for e-filing, which have all been available for at least 180 days. USCIS will publish notification of the e-filing requirement on its website. After the notification, benefit requestors have a 60-day grace period to comply with the e-filing requirement.
3. Exceptions
Is there any Exemption to this Mandatory E-filing?
Undue Hardship Waiver: Requestors may seek a waiver of the e-filing requirement by submitting Form I-936, Request for Waiver of E-Filing Requirement, before submitting a paper filing. The requestor must demonstrate the reason for the waiver request.
USCIS will determine, in its discretion, whether to approve the waiver and allow the requestor to submit his or her benefit request without using the required e-filing method. USCIS may exercise its discretion to waive the e-filing mandate for individual cases if USCIS determines requiring e-filing would cause the requestor undue hardship.
What Circumstance Justifies the Undue Hardship Waiver?
In assessing whether a waiver is warranted, USCIS will consider all relevant evidence the requestor provided, such as:
- Information concerning geographical location
- Socioeconomic conditions, and
- The availability of public technology resources.
Undue hardship is generally difficult to justify when a requestor claims that he/she:
- Does not have personal access to the internet: The requestor must explain why he or she cannot find other ways to access the internet (for example, through public libraries, community centers, friends, or family).
- Is unfamiliar with the USCIS e-filing system or not having an online account: These reasons will generally not be enough to establish a requestor qualifies for a waiver.
- Has legal representation and/or are business entities: DHS expects these certain groups will generally not be eligible for a waiver, including those who have legal representation and/or are business entities.
Nevertheless, USCIS will evaluate each request for a waiver on a case-by-case basis and consider if the circumstances justify a waiver of the e-filing requirement.
What Is the Process If the Waiver Request Is Approved?
An approved waiver request will be valid for the form type listed in the approval notice for a period of 30 days, unless otherwise specified in the waiver request approval notice. The 30-day validity period applies only to initial filings.
4. Effective Date and Impact
When Does the New Rule Take Effect?
The interim final rule took effect immediately upon publication in the Federal Register on August 11, 2026, with public comments requested within 60 days of publication (by October 10, 2026). Individual form mandates will roll out progressively as forms reach the 180-day online availability threshold and complete their required 60-day website notice periods.
What is the Projected Impact of Mandatory E-filing?
DHS expects mandatory e-filing to generate substantial qualitative cost savings and operational benefits for both requestors and the Federal Government:
- For requestors: E-filing reduces preventable errors and adjudication delays, lowering the time and indirect costs of waiting to work, travel, or change status and reducing the risk of losing eligibility due to rejected or incomplete paper submissions.
- For USCIS: E-filing is expected to significantly streamline operations, reduce the ongoing costs and risks of paper-based processing, reduce instances in which USCIS must issue a notice of intent to deny (NOID), request for evidence (RFE), or denial for missing information or evidence, and improve data quality, coordination, and security across the immigration system.
DHS states that mandatory e-filing will increase efficiency, promote the integrity of the immigration system, and reduce operational waste attributable to the submission and maintenance of paper benefit requests. This rule will also speed up USCIS’ transition to a fully electronic filing process, realizing cost savings (about $533 million annually).
5. Key Legal Takeaways for Employers and Applicants
USCIS plans to eventually receive and adjudicate all immigration benefit requests electronically. In this trend, employes and applicants will be required to:
- Transition to Online Accounts: Employers and applicants should be familiar with e-filing in advance so that they can smoothly transition once form-specific e-filing mandates are announced. Though an e-filing mandate is not necessarily irreversible as per DHS, preparing ahead of time should mitigate any issues that may arise when e-filing becomes fully mandatory for all forms.
- Monitor USCIS Form Announcements: In transition to the mandatory filing, it is critical to monitor USCIS’s announcement of the forms of which e-filing is mandatory. After the 60-day grace period, USCIS will deny the benefit request filed by paper despite the e-filing designation.
- Document Proof for Hardship Waivers: Applicants seeking the undue hardship waiver for the mandatory e-filing must establish the undue hardship with evidence. To qualify for the waiver, applicants should carefully read the waiver form instructions and gather convincing evidence.
- Align Operational Workflows: E-filing requires different workflows than paper filing operations. Benefit requestors, especially employers that submit large amounts of benefit requests, should organize the operational workflows including online review of benefit requests, e-signatures, and digital fee payments.
USCIS’s announcement regarding this mandatory electronic filing (e-Filing) is available here.
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