Practice Advisory Addresses USCIS Mandatory Electronic Filing Under Interim Final Rule

The Department of Homeland Security’s interim final rule took effect August 11, 2026, giving U.S. Citizenship and Immigration Services (USCIS) authority to require electronic filing for selected benefit requests. It did not switch every application or petition to online-only filing.

As of October 20, the agency had not designated a form as online-only under the new framework. Paper submission remains an option wherever the current instructions allow it. The practice-advisory headline does not identify its author or issuing organization.

The rule also leaves pending matters alone. Applicants and petitioners do not need to refile cases already in progress electronically.

Existing electronic-only processes remain separate from future designations

Some processes already require online submission under separate procedures. They should not be treated as mandates created by the new framework:

• Form G-325R, for alien registration, and Form I-129H2A have electronic-only processes.
• H-1B cap electronic registration must be completed online during the designated registration period. That registration is distinct from the later H-1B petition.
• Form I-134A is online-only when a program is accepting or inviting that request.

Other forms may be available online without requiring filers to use that option. Form I-130, Form I-765 and Form N-400 are examples; online availability by itself does not bar paper filing. A future designation could cover a whole form or only specified filing categories. Check the form and category, not just the form number.

Richard T. Herman, an immigration attorney, wrote in an August 30 assessment that no first form-specific mandatory filing date had been set under the new framework. The rule itself states:

“This rule does not impose or announce a requirement to e-file any benefit request”

A form needs online availability and notice before paper filing ends

The rule, titled “Mandatory Electronic Filing (e-Filing),” establishes a sequence rather than a blanket start date. A benefit request must have had an approved electronic filing method available for at least 180 days before the agency can require its use.

If the agency selects a form or category, it must post notice on its website and allow an additional 60-day grace period. The notice identifies what filing is covered and when the new requirement begins. Online availability is only one step.

Approved electronic submission can take more than one form. A filer may complete a guided application online or, if permitted, upload a completed PDF through an online account. A paper filing submitted after a mandate takes effect may be rejected if the filer does not have an approved waiver.

The framework permits consideration of whether related forms are available electronically and whether systems are ready. It also calls for consideration of the filing population, socioeconomic conditions and access to public technology. A mandate could be reconsidered if it leads to many waiver requests or a sizeable decline in filings.

Form I-936 lets filers ask for a hardship exception

A person facing undue hardship from electronic filing may request permission to submit the covered benefit request on paper. The request must use Form I-936, identify the specific form the person wants to file on paper and include documents supporting the hardship claim. Approval is discretionary, not automatic.

The fee for Form I-936 is $25. The rule allows fee waivers only for specified circumstances, including certain filings involving VAWA self-petitioners, T or U nonimmigrant status, certain battered spouses or children, special-rule cancellation for certain battered spouses or children, and Temporary Protected Status.

If the agency approves a request, it will mail a paper waiver notice, the paper version of the identified form and the address for submission. The notice is valid for 30 days for a new filing, and the agency must receive the paper benefit request within 33 calendar days of issuing the waiver. A waiver request does not itself preserve the filing date for the benefit application.

Check the exact filing instructions before submitting

Applicants, petitioners, employers and representatives should review the current instructions for the precise form and category before sending a package. Employers preparing employment-based filings may need to coordinate related forms, extensive supporting evidence and internal review or signature steps. Online-account access and document uploads are worth preparing in advance.

The public-comment period is separate from filing a benefit request. Comments on the rule were due October 13, 2026, and had to reference DHS Docket No. USCIS-2026-0232; that date was not a deadline for immigration applications.

The framework took effect before any form-specific designation described here. Before each submission, check the agency’s form page and instructions, then watch for notices identifying a covered category and its start date.