On August 11, 2026, the Department of Homeland Security published an Interim Final Rule establishing the regulatory framework for mandatory electronic filing of certain immigration benefit requests. Although the rule is effective immediately, it does not require applicants to submit any additional forms online at this time. Current filing procedures remain in place unless USCIS separately designates a specific form for mandatory electronic filing.
Before making electronic filing mandatory for a particular form, USCIS must make that form available for online filing for at least 180 days, announce the change on its website, and provide at least 60 days’ advance notice. USCIS currently offers 21 form types for electronic filing that have already met the 180-day availability period, making them potential candidates for future mandatory e-filing requirements.
The rule also creates a hardship waiver process for individuals who are unable to comply with a mandatory e-filing requirement. Once a form becomes subject to mandatory e-filing, applicants may request a waiver using the new Form I-936, along with supporting documentation and a $25 fee. A separate waiver request would generally be required for each form and for dependent applications. If approved, the applicant would have 33 days to submit the underlying application by mail. The rule indicates that representatives and business entities are unlikely to qualify for this waiver.
For now, applicants and employers should continue following the existing filing procedures. INLG will continue monitoring USCIS announcements and future designations to help clients prepare for any changes to specific forms and filing requirements.