The Department of Homeland Security (“DHS”) has introduced an interim final rule (“IFR” or “proposed rule”) that authorizes U.S. Citizenship and Immigration Services (“USCIS”) to require electronic filing (“e-filing”) for numerous immigration requests. While the DHS states that this authority is intended to increase efficiency, promote system integrity, and reduce operational waste associated with paper filings, we expect confusion, frustration with glitching online forms, and proliferation of unauthorized practice of law in immigration.
Scope of the Rule
The proposed rule does not immediately require e‑filing for specific immigration filings. Instead, it grants USCIS discretion to impose mandatory e‑filing in the future and outlines the procedures USCIS must follow to do so. USCIS may require e-filing for particular eligibility categories, specific classifications requested on a form, or certain types of benefit requests filed on a form, even if other categories using the same form are not yet e-fileable.
USCIS may only mandate e‑filing for benefit requests that have been available for e‑filing for at least 180 days. At the time of this writing, DHS notes that twenty‑two (22) forms have been available for e‑filing for at least 180 days and may be subject to future mandatory e‑filing:
| Form Number | Form Name |
| AR-11 | Alien’s Change of Address |
| G-28 | Notice of Entry of Appearance as Attorney or Accredited Representative |
| G-325R | Biographic Information (Registration) |
| G-639 | Freedom of Information/Privacy Act and Online FOIA Request |
| I-90 | Application to Replace Permanent Resident Card |
| I-129 | Petition for a Nonimmigrant Worker |
| I-130 | Petition for Alien Relative |
| I-131 | Application for Travel Documents, Parole Documents, and Arrival/Departure Records |
| I-140 | Immigrant Petition for Alien Workers |
| I-539 | Application to Extend/Change Nonimmigrant Status |
| I-589 | Application for Asylum and Withholding of Removal |
| I-751 | Petition to Remove Conditions on Residence |
| I-765 | Application for Employment Authorization |
| I-821 | Application for Temporary Protected Status |
| I-821D | Consideration of Deferred Action for Childhood Arrivals |
| I-907 | Request for Premium Processing Service |
| I-912 | Request for Fee Waiver |
| N-336 | Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) |
| N-400 | Application for Naturalization |
| N-565 | Application for Replacement Naturalization/Citizenship Document |
| N-600 | Application for Certificate of Citizenship |
| N-600K | Application for Citizenship and Issuance of Certificate Under Section 322 |
When USCIS elects to impose an e‑filing requirement, it will publish notice on its website and provide a 60‑day grace period before the requirement becomes effective. Once in place, individuals must use a MyUSCIS account to submit the benefit request, either by completing the form online or uploading a PDF of the completed form to the account.
E-Filing Waiver Process
The proposed rule creates a process for individuals who would face undue hardship if required to e‑file. A requestor may seek a waiver by submitting a new Form I‑936, Request for Waiver of E‑Filing Requirement, before filing a paper benefit request. USCIS will evaluate the waiver request based on all relevant evidence, including:
- Geographical location,
- Socioeconomic conditions, and
- Availability of public technology resources.
Additionally, if the requestor lacks personal internet access, USCIS requires an explanation of why alternative access is unavailable. Lack of familiarity with the e‑filing system or absence of a MyUSCIS account will not qualify as hardship. DHS anticipates that certain groups, including represented individuals and business entities, generally will not qualify for waivers.
The Form I‑936 will carry a $25 filing fee, although DHS will waive the fee for several categories, including Violence Against Women Act (“VAWA”) self-petitioners, T and U nonimmigrant applicants, certain battered spouses, and Temporary Protected Status (“TPS”).
Implementation Date
USCIS could require e-filing for any of the stated twenty-two (22) forms as early as October 2026.
