DHS Implements Option for Mandatory Electronic Filing of Certain Immigration Benefit Requests

On August 11, 2026, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) establishing authority to require electronic filing (e-filing) of certain immigration benefit requests.  The rule is effective immediately but does not by itself require e-filing of any particular request; rather, the IFR creates the regulatory authority for USCIS to require e-filing of certain forms in the future.

For now, filing procedures remain unchanged until U.S. Citizenship and Immigration Services (USCIS) designates a particular benefit request for mandatory e-filing. In order to do so, the applicable form must have been available for e-filing for at least 180 days and USCIS must provide 60 days’ notice.

There are currently 21 form types that have been available for e-filing with USCIS for at least 180 days, making them potential candidates for inclusion in the first mandatory announcement when it occurs. This includes the Form I-129 (Petition for Nonimmigrant Worker), Form I-539 (Application to Extend/Change Nonimmigrant Status), Form I-765 (Application for Employment Authorization), Form I-140 (Petition for Immigrant Workers), Form I-130 (Petition for Alien Relative), Form I-485 (Application for Adjustment of Status), and Form N-400 (Application for Naturalization). Note, however, that electronic filing of these forms is not necessarily currently available for all request types.

The IFR does establish a waiver process for individuals who cannot e-file due to undue hardship, subject to a $25 fee.  It is unlikely that business entities will qualify for a waiver, however.