U.S. Citizenship and Immigration Services (USCIS) can now require people to file certain immigration forms online instead of on paper, under a new interim final rule.
The rule, which will take effect on August 11, 2026, does not affect petitions currently pending, and does not set specific forms to e-file right now. Instead, it gives USCIS the legal authority to mandate e-filing, once a form has been available online for at least 180 days.
Before any requirement takes place, the agency must post a 60 days' advance notice.
Which forms already qualify for e-filing?
Twenty-two forms already meet the 180-day threshold set by the interim final rule. They include:
- I-129, Petition for a Nonimmigrant Worker
- I-130, Petition for Alien Relative
- I-131, Application for Travel Documents
- I-140, Immigrant Petition for Alien Workers
- I-539, Application to Extend/Change Nonimmigrant Status
- I-751, Petition to Remove Conditions on Residence
- I-765, Application for Employment Authorization
- N-400, Application for Naturalization
And 14 others: AR-11, G-28, G-325R, G-639, I-90, I-589, I-821, I-821D, I-907, I-912, N-336, N-565, N-600, N-600K
New I-936 waiver form: Who can skip e-filing?
Those who face significant barriers to filing online can file the new Form I-936, the Request for Waiver of E-Filing Requirement. Though not public as of today, the interim final rule states that this petition carries a $25 fee, though fee waivers are available for a few specific categories, such as VAWA self-petitioners and TPS applicants.
Manifest immigration attorney Ana Gabriela Urizar says this waiver is meant for people who would face undue hardship filing electronically, for example limited internet access, cost barriers, or unfamiliarity with online systems, not just those in remote areas.
How does this e-filing interim final rule affect filers?
Manifest immigration attorney Urizar says the rule does not change any eligibility requirements, but filers should consider reviewing the USCIS's form website before filing. “What I recommend is if you want to file by paper, you are not under the e-filing requirement,” she says. “My suggestion is to check the USCIS website frequently, and to consult with an attorney if you aren't sure.”
FAQs about the e-filing interim final rule
Does this mean my I-129 petition has to be e-filed right now?
Not yet. This rule only gives USCIS the authority to require it. A separate announcement, with 60 days' notice, would need to come before e-filing becomes mandatory for any specific form.
What if I already have a paper filing prepared or submitted?
The rule doesn't retroactively affect anything already filed. It only changes what happens once USCIS formally announces a mandate for a given form.
Can my attorney file the waiver form for me if I can't use the online system?
No, as Form I-936 is built for individual hardship cases. DHS designed it so legal representatives and employers generally can't use it on a filer's behalf.
About the Author
Staff Writer
Caryl Espinoza Jaen is a Nicaraguan-born staff writer for Manifest Law. As a writer, he strives to cover complex topics like immigration policy with clarity, accuracy, and precision.
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Immigration Lawyer to Manifest Law
Ana Gabriela Urizar is an award-winning immigration attorney licensed in Arizona and New York. With nearly a decade of experience, she advises global corporations on complex U.S. immigration matters. Originally from Guatemala, Ana Gabriela previously spent close to ten years at the world’s largest immigration firm, managing business immigration matters for leading technology, science, and financial companies. She has been recognized by Best Lawyers: Ones to Watch and Negocios Now’s Tri-State 40 Under 40.
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