Interim final rule · United States · Department of Homeland Security

Department of Homeland Security lets U.S. Citizenship and Immigration Services require online filing of immigration forms

As of our last check on November 3, 2026, this is in effect, since August 11, 2026.

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Added to AmendSignal

In short

What changed
The Department of Homeland Security (DHS) issued an interim final rule, effective August 11, 2026, that lets U.S. Citizenship and Immigration Services (USCIS) require online filing of any form that has been available online for 180 days, after posting 60 days' notice on its website. It also creates Form I-936, a $25 request to waive online filing for undue hardship.
Who's affected
Any employer that files immigration petitions with USCIS, such as petitions for foreign workers, and the attorneys who file for it. DHS expects that business filers will generally not qualify for a waiver.
What to do
This rule creates no new duties for employers yet: no form must be filed online until USCIS posts a 60-day notice for it, which it says will not happen before the Office of Management and Budget (OMB) approves the waiver form. Consider watching the USCIS website and preparing to file petitions online; comments are due October 13, 2026.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • When will USCIS first require online filing of the petitions employers file, such as Form I-129 or I-140?

    The rule leaves each mandate to a later notice on the USCIS website, which cannot come before OMB approves Form I-936, and it gives no schedule.

  • Which forms, or which visa categories within a form, will USCIS require to be filed online first?

    The rule says USCIS may mandate some or all of the 22 forms available online, and may mandate only particular categories within a form, but names none.

  • Under what circumstances could a business filer get a waiver of online filing?

    DHS expects business entities generally not to qualify but says USCIS will review each waiver request case by case, without describing a business situation that would qualify.

Related changes

History

  1. Latest · · Issued

    Mandatory Electronic Filing (e-Filing) Source (opens in a new tab)

Sources