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USCIS to require e-filing for some immigration forms

The rule is part of USCIS’ broader shift toward digital immigration processing and electronic payments.

 USCIS logo  USCIS logo / X@USCIS

The Department of Homeland Security (DHS) will allow U.S. Citizenship and Immigration Services (USCIS) to require electronic filing for certain immigration forms starting Aug. 11.

Under the interim final rule, USCIS can require online filing for any form that has been available electronically for at least 180 days.

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The rule does not mean all USCIS forms will immediately become electronic-only. USCIS must notify the public on its website at least 60 days before making e-filing mandatory for a particular form.

Applicants subject to the requirement will have to use a USCIS online account to submit the relevant form. They can either complete the form online or upload a PDF of the completed form along with supporting evidence. Attorneys and accredited representatives will also be able to submit benefit requests electronically under the new framework.

DHS said the rule will accelerate USCIS’ transition to electronic filing and reduce its reliance on physical lockbox services operated by the U.S. Department of the Treasury.

The agency said electronic filing will make immigration data easier to receive, store and access, allowing for faster fraud detection, more streamlined identity management and enhanced national security screening.

“By making data easier to receive, store, and access than with paper forms, e-filing enhances fraud detection, streamlines identity management, and improves national security screening through faster data access and expanded analytical capabilities,” DHS said.

Electronic filing could also reduce errors and incomplete applications and shorten the time needed to make decisions, according to DHS. The department said the transition would make the adjudication process more secure, transparent and efficient.

The new rule builds on USCIS’ broader effort to move immigration processing away from paper and toward electronic systems. The agency already allows online filing for numerous immigration forms, but paper filing remains available for forms and circumstances that have not been moved to electronic processing.

The rule gives USCIS the authority to require electronic filing for forms that have already been available online, rather than simply offering e-filing as an option.

The transition also aligns with the federal government’s broader move toward electronic payments. DHS said USCIS must continue relying on physical lockboxes as long as it accepts paper-based filings. Moving eligible filings online is expected to reduce the agency’s reliance on those facilities and lower administrative costs.

DHS estimates that the transition could generate about $533 million in annual cost savings for applicants and other requestors over the 10-year period from fiscal years 2027 through 2036. 

The department attributed the projected savings to eliminating paper-based filings, reducing the need to resubmit rejected paper forms and lowering the time burden associated with filing by mail.

The department also estimates that nearly 249,000 people could seek an e-filing waiver each year. The waiver process is projected to create about 124,453 hours of annual paperwork burden.

Applicants who are unable to file electronically may request a waiver if mandatory e-filing would cause undue hardship. USCIS will determine whether to grant the waiver at its discretion. DHS is establishing Form I-936, Request for Waiver of E-Filing Requirement, for applicants seeking an exemption.

DHS said electronic processing will improve the government's ability to access and analyze immigration data, which could strengthen fraud detection, identity management and national security screening.

For immigrants and other applicants, the immediate impact will depend on which forms USCIS eventually designates for mandatory e-filing. Applicants will not have to switch to online filing for a particular form until USCIS announces the requirement and provides the required 60-day notice.

The interim final rule takes effect Aug. 11, and DHS will accept public comments through Oct. 13.

Discover more at New India Abroad.

 

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