United States: USCIS Announces Plan for Limited Mandatory Electronic Filing
August 10, 2026
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At a glance
- A new interim final regulation gives USCIS the authority to require certain immigration benefits forms to be filed electronically.
- The rule does not identify any specific forms for mandatory e-filing at this time; to require a form to be e-filed, the form must have been available for e-filing for at least 180 days and USCIS must give the public at least 60 days’ notice of the mandate.
- The regulation takes effect immediately upon publication in the Federal Register; USCIS will accept public comments on the new rule for 60 days after publication.
The issue
USCIS now has the authority to require certain immigration benefits applications and petitions to be filed electronically, under a new interim final rule that will be published tomorrow and take effect on publication. Public comments will be accepted for 60 days after publication.
The new regulation does not designate any specific forms for mandatory e-filing at this time but allows USCIS to make e-filing compulsory provided (1) the designated form has been available for e-filing for at least 180 days; and (2) USCIS gives the public at least 60 days’ notice of the e-filing requirement.
Currently, USCIS offers a limited number of forms for voluntary e-filing, including:
- Form I-765, the application for employment authorization (for certain adjustment of status, student, and humanitarian EADs only);
- Form I-129, the nonimmigrant worker petition (for H-1B, H-2A, E-1, E-2, R-1, and TN cases only);
- Form I-140, the immigrant worker petition;
- Form I-485, the application for adjustment of status to permanent residence;
- Form I-90, the application to replace a permanent residence card; and
- Form N-400, the application for naturalization.
USCIS currently offers two electronic filing options: online form completion and PDF upload, both through a personal myUSCIS account. Electronic filing options vary by form and case type, meaning that some forms and case types may only be eligible for one e-filing method. E-filing instructions also vary across forms and can be complex for certain case types, including Form I-485.
While a limited number of forms may be electronically filed by an attorney or representative on behalf of a client, others are only eligible for e-filing by applicants themselves.
What this means for employers and foreign nationals
The new interim regulation is the latest effort by USCIS to expand the use of electronic filing for immigration benefits forms. Voluntary e-filing of certain forms has been available for some time, though technical limitations – including the absence of Application Programming Interface (API) capacity, manual forms completion and upload, and the relatively small number of e-fileable forms – make e-filing challenging for large organizations with a high volume of applications and petitions. The interim final rule does not indicate whether USCIS is planning enhancements to its current e-filing capability.
Fragomen is closely tracking the implementation of USCIS’s new e-filing rule. If your organization wishes to comment on the rule, the firm’s Government Strategies Group can assist.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
