USCIS Announces New Rule on Mandatory Online Filing

Written By Susan Im

Effective August 11, 2026, USCIS has issued an interim final rule, “Mandatory Electronic Filing (e-Filing)”, that will allow the agency to require certain immigration applications and petitions to be filed electronically rather than by mail.

Key takeaways from the new rule: 

  • A USCIS form must have been available for e-filing for at least 180 days before USCIS can mandate e-filing for that form.  

  • USCIS will provide 60 days of advance notice of the mandatory e-filing requirement by publishing instructions on its official website, including “a clearly articulated ‘effective’ date allowing for a grace period.”

  • Currently, e-filing is accomplished by completing the form online or by uploading a PDF of the completed form through a myUSCIS online account.

  • Applicants 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. USCIS will evaluate each waiver request on a case-by-case basis and determine if the circumstances presented justify a waiver of the e-filing requirement.

Note, several forms have already been available for electronic filing for more than 180 days. ImLaw will be closely monitoring USCIS’s implementation of this rule.  

You can also read the new rule here: 2026-16313.pdf

Susan Im
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