What’s Happening
On August 11, 2026, the Department of Homeland Security (“DHS”) published an interim final rule authorizing U.S. Citizenship and Immigration Services (“USCIS”) to require electronic filing of certain immigration benefit requests. The rule is effective August 11, 2026.
Importantly, the rule does not immediately require electronic filing of any particular USCIS form. Instead, it establishes the process USCIS may use to mandate electronic filing in the future. According to USCIS, a form must have:
Been available for electronic filing for at least 180 days before USCIS may make e-filing mandatory, and
USCIS must provide the public with at least 60 days’ advance notice on its website before the requirement takes effect.
How Mandatory Electronic Filing Will Work
Once USCIS designates a benefit request for mandatory electronic filing, filers will be required to use a USCIS online account. Depending on the form, the filing may be submitted either by completing the form through USCIS’s online filing system or by uploading a completed PDF form and supporting evidence.
USCIS has not yet announced which forms will first become subject to mandatory e-filing. Accordingly, existing filing procedures remain in place unless and until USCIS announces a mandatory electronic filing requirement for a particular benefit request. The interim final rule also provides a process for requesting a discretionary waiver where compliance with mandatory e-filing would cause undue hardship.
Individuals seeking a waiver generally must submit the new Form I-936, Request for Waiver of E-Filing Requirement, with supporting documentation demonstrating why they are unable to comply with the electronic filing requirement. The Form I-936 filing fee is $25, subject to limited exceptions.
What Employers and Foreign Nationals Should Know
No immediate changes to filing procedures are required solely because the interim final rule has taken effect. Employers and foreign nationals should continue following the filing instructions applicable to each USCIS form until USCIS announces that electronic filing has become mandatory for a particular benefit request.
DHS will accept public comments on the interim final rule through October 13, 2026.
D&S will continue monitoring USCIS implementation of the new electronic filing framework and will provide updates as specific forms become subject to mandatory e-filing.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.