[Federal Register Volume 91, Number 153 (Tuesday, August 11, 2026)]
[Rules and Regulations]
[Pages 51924-51971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16313]
[[Page 51923]]
Vol. 91
Tuesday,
No. 153
August 11, 2026
Part IV
Department of Homeland Security
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8 CFR Parts 1, 103, and 106
Mandatory Electronic Filing (e-Filing); Interim Final Rule
Federal Register / Vol. 91, No. 153 / Tuesday, August 11, 2026 /
Rules and Regulations
[[Page 51924]]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 1, 103, and 106
[CIS No. 2853-26; DHS Docket No. USCIS-2026-0232]
RIN 1615-AD19
Mandatory Electronic Filing (e-Filing)
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Interim final rule (IFR) with request for comments.
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SUMMARY: This interim final rule (IFR) amends U.S. Department of
Homeland Security (DHS) regulations to provide: USCIS may require
mandatory electronic filing (e-filing) of certain benefit requests; the
process USCIS will follow to require a benefit request to be e-filed;
and how a waiver of the e-filing requirement for those individuals
unable to file electronically may be requested. This rule is intended
to increase digital intake and processing to move USCIS and requestors
from a mostly paper process to an electronic process and further
enhance the integrity of the immigration system and the security of the
United States.
DATES: This IFR is effective August 11, 2026.
Comments must be received on or before October 13, 2026. The
electronic Federal Docket Management System will accept comments prior
to midnight eastern time at the end of that day.
Comments on the Paperwork Reduction Act section of this interim
final rule must be submitted by October 13, 2026.
ADDRESSES: You may submit comments on the entirety of this interim
final rule package, identified by DHS Docket No. USCIS-2026-0232,
through the Federal eRulemaking Portal: http://www.regulations.gov. A
summary of this rule found above may also be found at https://www.regulations.gov. Follow the website instructions for submitting
comments. USCIS cannot accept comments contained on any form of digital
media storage devices, such as CDs/DVDs and USB drives. USCIS also is
not accepting mailed comments at this time. If you cannot submit your
comment by using http://www.regulations.gov, please contact the
Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by telephone at (240) 721-3000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT: Management Directorate, U.S.
Citizenship and Immigration Services (USCIS), DHS, 5900 Capital Gateway
Drive, Camp Springs, MD 20746; telephone (240) 721-3000 (this is not a
toll-free number). Individuals with hearing or speech impairments may
access the telephone number above via TTY by calling the toll-free
Federal Information Relay Service at 711.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Executive Summary
A. Purpose of the Regulatory Action
B. Legal Authority
C. Summary of the Regulatory Action
D. Summary of Costs and Benefits
III. Background and Purpose
A. Mandate for Reform
B. Current USCIS Processes
C. Governmental Electronic Filing Requirements
D. Benefits of e-Filing
IV. Discussion of Changes Made in This Rule
A. Definition of e-File
B. Mandatory e-Filing Requirement
C. Waiver of e-Filing Requirement
D. Related Rulemaking
V. Statutory and Regulatory Requirements
A. Administrative Procedure Act (APA)
B. Executive Order 12866 (Regulatory Planning and Review),
Executive Order 13563 (Improving Regulation and Regulatory Review),
and Executive Order 14192 (Unleashing Prosperity Through
Deregulation)
C. Regulatory Flexibility Act (Certification)
D. Unfunded Mandates Reform Act of 1995
E. Small Business Regulatory Enforcement Fairness Act of 1996
(Congressional Review Act)
F. Executive Order 13132 (Federalism)
G. Executive Order 12988 (Civil Justice Reform)
H. Family Assessment
I. Executive Order 13175 (Consultation and Coordination With
Indian Tribal Governments)
J. National Environmental Policy Act (NEPA)
K. Paperwork Reduction Act (PRA)
Table of Abbreviations
ACH--Automated Clearing House
APA--Administrative Procedure Act
BIA--Board of Immigration Appeals
CBP--U.S. Customs and Border Protection
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
DOJ--Department of Justice
DOL--Department of Labor
DOS--Department of State
ECAS--EOIR Courts and Appeals System
ELIS--Electronic Immigration System
EOIR--Executive Office of Immigration Review
E.O.--Executive Order
FCC--Federal Communications Commission
FDNS--Fraud Detection and National Security Directorate
FERC--Federal Energy Regulatory Commission
FY--Fiscal Year
GPEA--Government Paperwork Elimination Act
FOIA--Freedom of Information Act
ICE--Immigration and Customs Enforcement
IFR--Interim Final Rule
INA--Immigration and Nationality Act
INS--Immigration and Naturalization Service
LCA--Labor Condition Application
NEPA--National Environmental Policy Act
NFTS--National File Tracking System
NOID--Notice of Intent to Deny
OCR--Optical Character Recognition
OMB--Office of Management and Budget
PDF--Portable Document Format
PDFi--Portable Document Format Intake
PRA--Paperwork Reduction Act
RFE--Request for Evidence
SBREFA--Small Business Regulatory Enforcement Fairness Act of 1996
Secretary--Secretary of Homeland Security
TPS--Temporary Protected Status
UMRA--Unfunded Mandates Reform Act of 1995
USAC--Universal Service Administrative Company
U.S.C.--United States Code
USCIS--U.S. Citizenship and Immigration Services
VAWA--Violence Against Women Act
I. Public Participation
The U.S. Department of Homeland Security (DHS) invites all
interested parties to participate in this rulemaking by submitting
written data, views, comments, and arguments on all aspects of this
interim final rule. DHS also invites comments relating to the economic,
environmental, or federalism effects possibly resulting from this
interim final rule. Comments must be submitted in English, or an
English translation must be provided. Comments providing the most
assistance to U.S. Citizenship and Immigration Services (USCIS) in
implementing these changes will reference a specific portion of the
interim final rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change. Comments submitted in a manner other than the one listed above,
including emails or letters sent to DHS or USCIS officials, will not be
considered comments on the interim final rule and may not receive a
response from DHS.
Instructions: If you submit a comment, you must include the agency
name (U.S. Citizenship and Immigration Services) and the DHS Docket No.
USCIS-2026-0232 for this interim final rule. Regardless of the method
used for submitting comments or material, all submissions will be
posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider
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limiting the amount of personal information you provide in any
voluntary public comment submission you make to DHS. DHS may withhold
information provided in comments from public viewing it determines may
impact the privacy of an individual or is offensive. For additional
information, please read the Privacy and Security Notice available at
http://www.regulations.gov.
Docket: For access to the docket and to read background documents
or comments received, go to http://www.regulations.gov, referencing DHS
Docket No. USCIS-2026-0232. You may also sign up for email alerts on
the online docket to be notified when comments are posted or additional
rulemaking is published.
II. Executive Summary
A. Purpose of the Regulatory Action
DHS issues this rule to implement Executive Order (E.O.) 14247,
Modernizing Payments To and From America's Bank Account, which directs
the Secretary of Homeland Security to take appropriate action to
eliminate the need for the U.S. Department of the Treasury's physical
lockbox services and expedite requirements to receive the payment of
Federal receipts, including fees, through electronic means. 90 FR 14001
(published Mar. 28, 2025). As long as USCIS intakes paper-based
filings, USCIS must rely on physical lockbox services, which USCIS
currently receives from Treasury, to intake and process these filings.
This rule amends the regulations to provide when USCIS may use its
discretion to require the use of electronic filing (e-filing) to submit
a benefit request. This change will increase efficiency, promote the
integrity of the immigration system, and reduce operational waste
attributable to the submission and maintenance of paper benefit
requests.\1\ This rule will also speed up USCIS' transition to a fully
electronic filing process, realize cost savings, and improve the
availability of USCIS data for advanced analytics to reduce fraud,
enhance national security, and protect the integrity of the lawful
immigration system in support of E.O. 14161, Protecting the United
States From Foreign Terrorists and Other National Security and Public
Safety Threats. 90 FR 8451 (Jan. 30, 2025).
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\1\ Benefit request means any application, petition, motion,
appeal, or other request relating to an immigration or
naturalization benefit. 8 CFR 1.2.
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B. Legal Authority
The authority for the Secretary of Homeland Security (Secretary) to
issue this IFR is found in section 103(a) of the Immigration and
Nationality Act (INA), 8 U.S.C. 1103(a), which authorizes the Secretary
to administer and enforce the immigration and nationality laws and
establish such regulations as the Secretary deems necessary for
carrying out such authority, and section 101(b)(1)(F) of the Homeland
Security Act (HSA), 6 U.S.C. 111(b)(1)(F), which establishes as a
primary mission of DHS the duty to ``ensure that the overall economic
security of the United States is not diminished by efforts, activities,
and programs aimed at securing the homeland.'' As related to the fee
established in 8 CFR 106.2 for requests to waive the e-filing
requirement, INA section 286(m), 8 U.S.C. 1356(m) authorizes DHS to
charge fees for adjudication and naturalization services at a level to
``ensure recovery of the full costs of providing all such services,
including the costs of similar services provided without charge to
asylum applicants or other immigrants.''
C. Summary of the Regulatory Action
This rule amends DHS regulations to permit USCIS to require e-
filing for any benefit request USCIS has made available for e-filing
for at least 180 days.\2\ When USCIS decides to mandate e-filing of an
eligible benefit request, USCIS will publish notification of the e-
filing requirement on its website and provide an additional 60-day
grace period for individuals to comply with the e-filing requirement.
The e-filing requirement, when mandated, will require individuals to
use an online account to submit benefit requests to USCIS, either by
completing the form entirely online or uploading a Portable Document
Format (PDF) of the completed form through their online account. This
rule also establishes a process for certain individuals for whom e-
filing creates an undue hardship to seek a waiver of the e-filing
requirement.
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\2\ Many of the forms identified in section III.B.3 of this
preamble will have been available for e-filing for at least 180 days
as of this rule's publication date, meaning USCIS may mandate e-
filing of these forms any time after this rule's publication subject
to the waiver form being approved for use.
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For purposes of this rule, DHS uses the term ``requestor'' to refer
to anyone submitting any benefit request to USCIS for any purpose.
Attorneys and accredited representatives are included in the term
``requestor.''
In this rule, DHS is amending:
8 CFR 1.2 to define e-file to include submitting a benefit
request, supporting evidence, documents, notices, and communication
electronically in any manner made available and approved by USCIS,
including by completing the form online, in a web portal, electronic
interface, or by uploading a PDF of the completed form through an
approved online account.
8 CFR 103.2(a)(1) by adding a new paragraph (a)(1)(i) that
clarifies the weight of form instructions.
8 CFR 103.2(a)(1) by adding subparagraph (ii) to permit
USCIS to require e-filing any time after a form has been available for
e-filing for at least 180 days and to specify USCIS will inform the
public of mandatory e-filing requirements on its website.
8 CFR 103.2(a)(1) by adding subparagraph (iii) to
establish the process an individual must use to seek a waiver of the e-
filing requirement.
8 CFR 106.2 by adding a new paragraph to establish a new
form and fee for an individual to apply for a waiver of the e-filing
requirement.
8 CFR 106.3 by adding a new paragraph to specify when a
fee waiver may be available to a requestor applying for a waiver of the
e-filing requirement.
D. Summary of Costs and Benefits
For the 10-year implementation period of the rule (fiscal years
(FYs) 2027 through 2036), DHS estimates annual cost savings to
requestors will be about $533 million. These savings result from
requestors no longer filing paper-based benefit requests, avoiding the
need to re-file rejected paper forms, and reducing the time burden
associated with paper filing. DHS also estimates requestors will incur
about $15 million annually in new costs related to the e-filing waiver
form, including the opportunity cost of the time needed to complete the
form, e-filing waiver form fee, and mailing expenses. On net, the rule
is expected to generate approximately $518 million in annual cost
savings to requestors.
In addition to these cost impacts, the rule generates annual
transfers between the government and requestors. On an annual basis,
DHS estimates an e-filing fee discount will transfer about $140 million
from the government to requestors.
Over the FY 2027-2036 implementation period, DHS estimates total
undiscounted net cost savings of about $5,181 million and undiscounted
transfers of about $1,400 million (from the government to requestors).
When discounted at 3 percent, the 10-year net cost savings are
approximately $4,420 million and net transfers are approximately $1,194
million. When discounted at 7 percent, the 10-year net cost savings are
approximately $3,639 million and net transfers are approximately $983
million. These
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totals are equivalent to annualized net cost savings of about $518
million and annualized transfers of about $140 million at both the 3-
percent and 7 percent discount rates.
DHS anticipates that some filers may experience unquantifiable
costs to switch to electronic filing that are not fully captured in the
quantified estimates. Although e-filing is expected to reduce filing
time and other burdens on average, individual outcomes will vary based
on the filer's circumstances, prior investments in paper-based
processes, and familiarity with online systems. Organizations with
established paper-based software and workflows may see smaller time
savings and incur one-time transition costs to learn the new process,
update procedures, train staff, and modify tools. These burdens can
include search and evaluation costs, transfer costs, and learning
costs; their magnitude will differ across filers. In addition, current
e-filing constraints and preferences for paper packages, particularly
in complex cases, may increase perceived risk and require extra effort
to build confidence in online submissions. Because these costs are
heterogeneous and difficult to measure, DHS has not quantified them.
DHS expects mandatory e-filing to generate substantial qualitative
cost savings and operational benefits for both requestors and the
Federal Government. For requestors, e-filing reduces preventable errors
and adjudication delays, lowering the time and indirect costs of
waiting to work, travel, or change status and reducing the risk of
losing eligibility due to rejected or incomplete paper submissions. DHS
believes e-filing will deliver non-monetary benefits by making the
process faster, easier to use, more secure, and more transparent. For
USCIS, e-filing is expected to significantly streamline operations,
reduce the ongoing costs and risks of paper-based processing, and
improve data quality, coordination, and security across the immigration
system. While DHS will incur some information technology and
operational expenses to maintain these systems and support users, these
costs are modest relative to the long-term efficiencies and benefits
gained.
III. Background and Purpose
A. Mandate for Reform
Historically, benefit requests handled by USCIS and the former
Immigration and Naturalization Service (INS) existed in a purely paper
world. Requestors mailed or hand-delivered paper forms and submitted
supporting evidence by mail or in person. USCIS stored requests in a
physical file, known as an Alien File or A-File.\3\ USCIS reviewed and
adjudicated benefit requests on paper and physically mailed, receipted,
and stored requests, evidence, notices, and other materials.
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\3\ A-Files are individual files identified by an individual's
Alien Registration Number (A-Number), a unique eight- or nine-digit
number generally assigned to an alien at the time the A-File is
created. Immigration and Naturalization Service (INS) opened or
consolidated A-Files for every immigrant who arrived after April 1,
1944, or naturalized after April 1, 1956, and for immigration law
enforcement matters. See USCIS, A-Files Numbered Below 8 Million,
https://www.uscis.gov/records/genealogy/historical-record-series/a-files-numbered-below-8-million (last updated Jan. 24, 2025).
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More recently, both Congress and the Executive Branch have
increased the use of internet and technology in government
administration and delivery. In 1998, Congress passed the Government
Paperwork Elimination Act (GPEA) recognizing the potential of
technology and the internet to improve government services, increase
efficiency, and encourage the use of technology to achieve these
efficiencies. Public Law 105-277, title XVII (Oct. 21, 1998). The
December 17, 1999, Presidential memorandum, ``Electronic Government,''
provides that, by October 2003, transactions with the Federal
Government should be available online for online processing of
services.\4\ Other guidance called on agencies to provide electronic
maintenance, submission, or disclosure of information when practicable
as a substitute for paper.\5\ Section 461 of the Homeland Security Act
of 2002 \6\ requires DHS to study online filing and establish a system
for applicants to track their applications online.\7\ In addition, the
E-Government Act of 2002 promotes use of the internet and emerging
technologies by government agencies. Public Law 107-347, 116 Stat. 2899
(Dec. 17, 2002).\8\
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\4\ Memorandum on Electronic Government (Dec. 17, 1999), https://www.gpo.gov/fdsys/pkg/PPP-1999-book2/pdf/PPP-1999-book2-doc-pg2317.pdf.
\5\ OMB Procedures and Guidance on Implementing Government
Paperwork Elimination Act, Memoranda 00-10, (Apr. 25, 2000), https://www.whitehouse.gov/wp-content/uploads/2017/11/2000-M-00-10-OMB-Procedures-and-Guidance-on-Implementing-the-Government-Paperwork-Elimination-Act.pdf.
\6\ Homeland Security Act of 2002, Public Law 107-296, section
461, 116 Stat. 2135, 2202 (Nov. 25, 2002), 6 U.S.C. 278; see also
INA sec. 103, 8 U.S.C. 1103.
\7\ Generally, requestors can use the receipt number of their
filing to check the status of the filing online. See USCIS, Case
Status Online, https://egov.uscis.gov/ (last visited Dec. 17, 2025).
\8\ Section 2(b) of the E-Government Act of 2002, Public Law
107-347, 116 Stat. 2899, 2900-01 (Dec. 17, 2002).
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DHS has facilitated some electronic processing through regulatory
change. See 68 FR 23010 (Apr. 29, 2003) (2003 rule); 76 FR 53764 (Aug.
29, 2011) (``Immigration Benefits Business Transformation, Increment
I,'' or 2011 rule). The 2003 rule permitted e-filing and electronic
signatures as a first step toward implementing GPEA.\9\ 68 FR 23010
(Apr. 29, 2003).\10\ The 2011 rule added references to electronic
processes in several regulations to facilitate the transition to an
electronic environment. 76 FR 53764, 53766 (Aug. 29, 2011). However, to
date, DHS has not published a rule focused on shifting to a fully e-
filed process.\11\
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\9\ Government Paperwork Elimination Act (GPEA), Public Law 105-
277, title XVII, sec. 1704, 112 Stat. 2681, 2681-749 (Oct. 21, 1998)
(codified at 44 U.S.C. 3504 note).
\10\ See 8 CFR 103.2(a)(2) (2004) (providing that ``an
acceptable signature on an application or petition that is being
filed with [USCIS] is one that is either handwritten or, for
applications or petitions filed electronically as permitted by the
instructions to the form, in electronic format.'').
\11\ A few tangential changes in rulemakings accommodate e-
filings. See e.g., 81 FR 73292, 73315 (Oct. 24, 2016) (FY 2016/2017
USCIS fee schedule in which DHS clarified the fee refund policy).
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Consistent with GPEA and the E-Government Act, E.O. 13781,
Comprehensive Plan for Reorganizing the Executive Branch, instructed
the Director of the Office of Management and Budget (OMB) to propose a
plan to improve the efficiency, effectiveness, and accountability of
the Executive Branch. 82 FR 13959 (Mar. 16, 2017). The OMB Report,
``Delivering Government Solutions in the 21st Century,'' then
recognized the outdated reliance on paper-based processes and
prioritized the transition of Federal agencies' business processes to
an electronic environment.\12\ The report noted that Federal agencies
spend billions of dollars on paper processing, and paper records and
highlighted data, accountability, and transparency.\13\ The report
cites USCIS as an agency that has already taken critical steps toward
electronic records management.\14\
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\12\ Office of Mgmt. & Budget (OMB), Delivering Government
Solutions in the 21st Century: Reform Plan and Reorganization
Recommendations, p. 18 (2018), https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf.
\13\ Id. at 100.
\14\ Id. at 101-02.
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In addition, E.O. 14247, Modernizing Payments To and From America's
Bank Account, requires elimination of the Department of the Treasury's
physical lockbox services, a goal that will be forwarded by mandatory
e-filing. 90 FR 14001 (Mar. 28, 2025). Similarly, the Citizenship and
Immigration Services (CIS) Ombudsman's 2025 Annual
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Report to Congress recommended DHS issue a regulation requiring e-
filing.\15\
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\15\ See Citizenship and Immigration Services Ombudsman, 2025
Annual Reports (Dec. 2, 2025), https://www.dhs.gov/publication/cis-ombudsman-2025-annual-report.
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Therefore, to promote the objectives of GPEA, the E-Government Act,
E.O. 13781, E.O. 14247, and reduce costs and burden on requestors and
DHS, DHS is amending its regulations to provide USCIS discretion to
mandate e-filing after a form has been available for e-filing at least
180 days.
B. Current USCIS Processes
USCIS plans to eventually receive and adjudicate all immigration
benefit requests electronically.
The electronic environment brings many advantages:
Electronic data is easier for employees to access quickly,
such as when reviewing cases and judicial decisions.
USCIS can better distribute work, and assign cases based
on experience, skills, and qualifications.
Decision-making is enhanced, such as systematically
flagging potentially ineligible requests.
Better risk and fraud data analysis is available to inform
assessments and decisions.
Facilitation of continuous vetting \16\ and updated
background checks are conducted prior to interviews and decisions.
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\16\ Historically, vetting was the term associated with the
background review process implemented during the adjudication or
processing of a benefit request before an eligibility decision.
Under continuous vetting, the Government continues to monitor aliens
in the United States for risk indicators, including overstays,
criminal conduct, ties to certain groups, unauthorized employment,
and social media activity. See DHS, DHS/USCIS/PIA-076, Continuous
Immigration Vetting (Feb. 14, 2019), https://www.dhs.gov/publication/dhsuscispia-076-continuous-immigration-vetting.
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Manual activity is reduced and focus is placed on
productive activity.
An electronic benefits case management system allows USCIS to
process applicant information in a centralized system that allows USCIS
to properly prioritize work and share information across the
Government, and maintain consistent and accurate information to ensure
the national security of the United States.
1. E-Filing Results FY2019-FY2025
In FY 2025, USCIS received approximately 44 percent of applications
through an e-filing method. Table 1 and Figure 1 show a general trend
of increasing adoption of e-filing across various forms.
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Table 2 shows the volume of filings submitted electronically in FY
2025.
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[GRAPHIC] [TIFF OMITTED] TR11AU26.002
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2. Use of Lockbox
USCIS first began to use a Lockbox facility in 2001 to accelerate
the collection and deposit of receipts. USCIS Lockboxes receive, open,
and sort mail, place the benefit requests into correct order, scan
documents, and collect application data.\17\ The Lockbox verifies
application and fee transactions for completeness and accuracy;
deposits payments to the U.S. Treasury; sends receipt notices, returns
rejected applications; and transmits application and payment data to
the U.S. Department of the Treasury and USCIS.\18\ In 2007, USCIS began
moving all benefit requests to a Lockbox environment and by February
2011, 85 percent of all applications came through the Lockbox.
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\17\ USCIS Lockbox staff is supported by a Case Resolution Unit
staffed by USCIS employees in place to make decisions about the
acceptability of a request where there is a question about whether
to accept or reject a filing.
\18\ See U.S. Department of the Treasury, Bureau of the Fiscal
Service, General Lockbox Network, https://fiscal.treasury.gov/gln/
(last visited Jan. 20, 2026).
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When the Lockbox receives a benefit request, the package is opened,
the form is reviewed for acceptance criteria, the payment is deposited,
and the paper file is forwarded to the proper location. The Lockbox
determines whether each benefit request meets the requirements to be
accepted but it does not make adjudicative decisions. If a benefit
request is rejected, the Lockbox returns the entire package to the
requestor with a notice explaining the reasons for rejection.\19\ After
the application is opened, arranged, and scanned, and the information
is transmitted electronically to relevant case management systems, the
Lockbox may destroy the original application and supporting evidence
after USCIS determines it has complied with the required disposition
schedule and any retention requirements outlined by the National
Archives and Records Administration, and incorporated into the USCIS
Records Policy Manual. See 36 CFR 1236, Subparts D and E. Electronic
records are stored in an approved digital repository. If retention of
the paper filing is necessary, for instance, to comply with a court
order or litigation hold, the Lockbox ships the paper file to the
appropriate office or storage facility.\20\ USCIS also returns ``hard
to replace'' originals, such as passports and documents issued by a
foreign government, to the requestor or transmits the physical
documents to the adjudicating office, when required. For certain forms,
USCIS maintains the filing in paper form in a physical file. Most
adjudication occurs electronically using electronic versions of scanned
documents, as well as paper documents contained in physical files.
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\19\ ``In USCIS parlance, the term ``rejected'' means that the
benefit request and fee payment are returned for failure to comply
with all filing requirements without being fully considered, and can
be re-filed when properly completed, while ``denied'' means that the
request is fully adjudicated and considered, and the applicant is
determined ineligible for the benefit sought.'' 76 FR 53764, 53770
(Aug. 29, 2011). See also USCIS Policy Manual, Volume 1, General
Policies and Procedures, Part B, Submission of Benefit Requests,
Chapter 6, Submitting Requests, Section B, Intake Processing,
https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6
(current as of Feb. 3, 2026).
\20\ USCIS policy is to maintain original source immigration
records for all benefit requests for naturalization/citizenship,
permanent or conditional resident status, asylum or refugee status,
and each of these applications' supplements and supporting documents
in the event the original source record may be needed as evidence
during litigation.
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3. The Burden of Paper
The burden of paper-based processing has increased in recent years,
and USCIS' reliance on paper-based processes reduces its ability to
adapt to new collections and supporting documentation to address the
need for enhanced vetting and ensuring officers have a complete record
to determine a requestor's eligibility for the benefit
[[Page 51930]]
sought. For example, USCIS must modify its information collections to
collect sufficient data to implement E.O. 14161, Protecting the United
States from Foreign Terrorists and Other National Security and Public
Safety Threats. See, e.g., 90 FR 11324 (Mar. 5, 2025) and 90 FR 22750
(May 29, 2025). Table 3 shows the increased volume of pages processed
by the USCIS Lockboxes in the last 7 fiscal years.
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[GRAPHIC] [TIFF OMITTED] TR11AU26.003
The increased volume increases the labor required to process these
filings and the costs to USCIS to receive paper-based filings. For
instance, in FY 2025, USCIS spent $10,864,781 on postage costs to
support the paper-based process.
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\21\ Compiled from USCIS Receipt data (Jan. 9, 2026).
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In addition, Table 4 illustrates the labor costs USCIS incurs to
manage and facilitate a paper-based filing process.
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[GRAPHIC] [TIFF OMITTED] TR11AU26.004
E-filing reduces the most labor-intensive and highest cost workload
and processing requirements of paper-based filing by eliminating the
need to extract, sort, scan, data enter, and ship paper-based filings.
The labor cost savings will occur quickly as USCIS rolls out mandatory
e-filing consistent with this rule and DHS expects this rule to
substantially decrease costs over time. Table 5 provides the overall
costs to operate lockboxes for the last 5 fiscal years, which includes
facilities maintenance and technology development. As USCIS reduces
paper filing, it will likewise decrease its physical footprint and
further the objectives of E.O. 14247.
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\21\ Compiled from USCIS Receipt data (Jan. 9, 2026).
\22\ Compiled from USCIS Receipt data (Jan. 9, 2026).
[GRAPHIC] [TIFF OMITTED] TR11AU26.005
BILLING CODE 9111-97-C
4. Availability of e-Filing
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\23\ Compiled from USCIS Receipt data (Feb. 10, 2026).
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USCIS has provided e-filing options since the early 2000s. These
options have varied over time and initially required USCIS to print out
electronically submitted benefit requests and adjudicate them on paper.
USCIS developed the USCIS Electronic Immigration System (ELIS) to
change the way USCIS interacts with the public using account-based e-
filing and electronic processing.
Accompanying the development of ELIS, DHS changed USCIS regulations
to provide more flexibility as the agency moved toward an electronic
[[Page 51932]]
environment. 76 FR 53764. The 2011 Rule codified new definitions of
``benefit request'' and ``form'' to acknowledge electronic
alternatives. 8 CFR 1.2. DHS stated that it envisioned transitioning to
a fully electronic environment and additional regulatory changes would
be required over the next several years as USCIS increases the
electronic handling of immigrant benefit requests. 76 FR 53764 (Aug.
29, 2011).
USCIS encourages requestors to e-file benefit requests whenever
available and has expanded options for the implementation of electronic
services by designing its website to focus on e-filing instead of
paper. While technological advances have allowed USCIS to develop
accessible, digital alternatives to traditional paper methods for
handling benefit requests, USCIS remains bound to the burden of paper
submissions. As e-filing functions are developed, USCIS makes them
available to the public, providing the option of using either e-filing
or paper processes. As of December 16, 2025, USCIS accepts the
following forms through guided online filing or PDF Intake (PDFi):
BILLING CODE 9111-97-P
[[Page 51933]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.006
[[Page 51934]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.007
BILLING CODE 9111-97-C
USCIS also supports online submission for certain ancillary
requests, such as: Employment Eligibility Verification (E-Verify); \
25\ G-845, Verification Request (SAVE); \26\ G-1041, Genealogy Index
Search Request; G-1041A, Genealogy Records Request; \27\ and H-1B
Registration.\28\
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\24\ USCIS, Forms Available to File Online, https://www.uscis.gov/file-online/forms-available-to-file-online (last
updated Dec. 16, 2025). Some forms listed here are e-filed and not
adjudicated in the same systems queried to create Tables 1 and 2,
which results in the discrepancy between Tables 1, 2 and 6.
\25\ E-Verify is a voluntary web-based system allowing enrolled
employers to confirm the eligibility of their employees to work in
the United States and ensure they are complying with 8 CFR 274a.2.
See USCIS, About E-Verify, What is E-Verify, https://www.e-verify.gov/ (last visited Jan. 27, 2026).
\26\ The Systematic Alien Verification for Entitlements Program
(SAVE) is an online service allowing registered Federal, State,
territorial, Tribal, and local benefit-granting agencies to verify a
benefit applicant's immigration status or U.S. citizenship. See
USCIS, SAVE, https://www.uscis.gov/save (last visited Jan. 27,
2026).
\27\ The USCIS Genealogy Program allows the public to make
requests for an Index Search request (Form G-1041, Genealogy Index
Search Request) or to obtain copies (G-1041A, Genealogy Records
Request) of USCIS historical records, by filing the appropriate form
by mail or online. See USCIS, Instructions on Making a Genealogy
Request Online, https://www.uscis.gov/records/genealogy/requesting-records/instructions-on-making-a-genealogy-request-online (last
updated Apr. 1, 2024).
\28\ See USCIS, H-1B Electronic Registration Process, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process (last
updated Jan. 30, 2026).
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Though USCIS permits e-filing these forms, USCIS has not required
it.\29\ In FY 2025, about 43 percent of individual USCIS requestors
voluntarily filed online when it was available, while less than six
percent of attorneys and accredited representatives have similarly
chosen to file online.\30\
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\29\ USCIS requires online payment of the USCIS Immigrant Fee
and the filing fee for Form I-131A, Application for Travel Document
(Carrier Documentation). See USCIS, USCIS Immigrant Fee, https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee (last updated
Apr. 8, 2024); see also I-131A, Application for Carrier
Documentation, Filing Fee, https://www.uscis.gov/i-131a (last
updated May 13, 2025).
\30\ USCIS received 68 percent of benefit requests from
individuals and 32 percent of benefit requests from attorneys or
accredited representatives. DHS, USCIS, Office of Performance and
Quality. ELIS, CLAIMS, GLOBAL, C4 queried Jan. 2026, PAER 0020170.
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DHS recognizes people adopt new practices at varying rates.\31\ DHS
believes that the complexity of the immigration benefit request system
exacerbates the tendency toward the status quo.\32\ Those familiar with
paper-based processes see no reason to change a method currently
working for them. DHS believes the transition from paper to e-filing
will languish if it remains entirely optional.\33\ As the breadth and
quality of digital solutions increase, preserving the inefficiencies
and administrative burdens of a paper system becomes increasingly
unjustifiable.
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\31\ Brian Kennedy & Cary Funk, Pew Research Group, 28 percent
of Americans are 'strong' early adopters of technology (July 12,
2016), http://www.pewresearch.org/fact-tank/2016/07/12/28-of-americans-are-strong-early-adopters-of-technology/;Charlie Wells,
Forget Early Adopters: These People are Happy to Be Late, The Wall
Street Journal (Jan. 26, 2016), https://www.wsj.com/articles/forget-early-adopters-these-people-are-happy-to-be-late/1453827437.
\32\ USCIS provides a $50 reduction in fees for benefit requests
filed online but that incentive has not meaningfully increased e-
filing. 8 CFR 106.1(g).
\33\ For example, events and fairs that are intended to
encourage applying for citizenship or other benefits, where
volunteers assist applicants with advice and form completion, are
often geared toward in-person completion and mailing of paper forms.
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a. Guided Online Filing
USCIS offers guided online filing to requestors who create a USCIS
online account at https://my.uscis.gov.\34\ Requestors can complete the
form(s) available for guided online filing, pay the required fee(s),
and submit the form(s) all within their online account.\35\ When a
benefit request is filed via guided online filing, the request is
ingested directly into USCIS electronic databases. The guided online
filing process can alert a requestor when a filing does not meet
requirements for acceptance and prevent the requestor from submitting a
filing USCIS would reject.\36\ Once USCIS accepts a filing via the
guided online filing process, an electronic receipt notice is provided
in the requestor's USCIS online account.\37\
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\34\ See USCIS, How to Create a USCIS Online Account, https://www.uscis.gov/file-online-how-to-create-a-uscis-online-account (last
updated Jul. 29, 2024).
\35\ USCIS, Tips for Filing Forms Online, How to Fill Out and
File a Form Online, https://www.uscis.gov/file-online/tips-for-filing-forms-online (last updated Aug. 21, 2025).
\36\ USCIS, Online Filing Engagement PowerPoint, Slide 20, Apr.
3, 2024, https://www.uscis.gov/sites/default/files/document/outreach-engagements/OnlineFilingEngagementPowerPoint.pdf.
\37\ See id., Slide 31.
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b. PDF Intake (PDFi)
In addition to offering guided online filing, USCIS has developed
PDF intake (PDFi) as an innovative electronic process that enables
upload of a completed PDF of the form in a USCIS online account,
including upload of any supporting documents and electronic fee
payment, with ingestion of the uploaded PDF occurring through the
Lockbox.\38\
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\38\ See USCIS, Tips for Filing Forms Online, How to Upload a
Completed Form PDF and File Online, https://www.uscis.gov/file-online/tips-for-filing-forms-online (last updated Aug, 21, 2025).
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PDFi filings are validated at the Lockbox using the same rules
applied to paper filings. The Lockbox determines whether to accept the
filing and deposit the fee or reject the filing.\39\ This filing
process eliminates the need for the Lockbox to physically open,
prepare, scan, and enter data, as is necessary for paper-filed forms.
PDFi filing is currently available for nine USCIS forms
[[Page 51935]]
with plans for additional forms to be added.\40\
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\39\ See Id., Step 12.
\40\ See USCIS, Forms Available to File Online, https://www.uscis.gov/file-online/forms-available-to-file-online (last
updated Dec. 16, 2025).
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As of December 11, 2025, only 1 percent of requestors are utilizing
PDFi to submit a benefit request.
C. Governmental Electronic Filing Requirements
As explained more fully in the examples that follow, across the
Federal Government many departments, agencies, and offices have or are
currently eliminating paper forms and transitioning to e-filing.
Consistent with the E-Government Act, agencies are increasing use of
the internet and many require e-filing.\41\ To inform its decision in
making the changes in this rule, DHS examined how Federal agencies have
successfully instituted e-filing, how long they have been in effect,
the affected populations, and the complexity of the filing requirement.
Cumulatively, the examples demonstrate government agencies are moving
online, and they and their private and public stakeholders appreciate
the benefits an e-filing environment provides.
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\41\ See, e.g., 68 FR 54981 (Sept. 22, 2003) (Office of the
Comptroller of the Currency requiring electronic filing of all
reports filed under 15 U.S.C. 78p(a)); 69 FR 59780 (Oct. 6, 2004)
(Federal Deposit Insurance Corporation (FDIC) mandate of electronic
filing of all beneficial ownership reports on the FDIC their
system); 70 FR 11540 (Mar. 9, 2005) (Pension Benefit Guaranty
Corporation (PBGC) required e-filing of all annual employer reports
through PBGC's website); 71 FR 31077 (June 1, 2006) (PBGC required
certain pension plans to submit premium filings electronically); 72
FR 64710 (Nov. 16, 2007) (DOL mandated reports required by the
Employee Retirement Income Security Act and the Internal Revenue
Code be filed electronically); 73 FR 31548 (June 2, 2008)
(Department Of Commerce, Bureau of the Census, required mandatory
filing of export information through its Automated Export System
when a Shipper's Export Declaration is required).
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1. USCIS Registration Requirement for Petitioners Seeking To File H-1B
Petitions on Behalf of Cap-Subject Aliens
The H-1B petition selection lottery is an online process. See 84 FR
888 (Jan. 31, 2019). Petitioners seeking to file H-1B petitions subject
to the regular cap, including those eligible for the advanced degree
exemption, must first electronically register with USCIS during a
designated registration period. Those whose registrations are selected
are eligible to file an H-1B cap-subject petition for the registered
beneficiary during the associated filing period. USCIS introduced this
electronic registration system on March 1, 2020. 85 FR 1176 (Jan. 9,
2020). Any petitioner filing Form I-129, Petition for Nonimmigrant
Worker, for an H-1B employee subject to the regular cap or advanced
degree exemption must have first electronically registered. Therefore,
since 2020 (for FY 2021 workers), H-1B petitioners have successfully
electronically registered with USCIS each year since then.
2. Department of State
The U.S. Department of State (DOS) has required the online filing
of visa applications since 2006, with few exceptions.\42\ Applicants
submit electronic forms to DOS through its online system, Consular
Electronic Application Center.
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\42\ See DOS, Visas: Documentation of Nonimmigrants Under the
Immigration and Nationality Act, as Amended, 73 FR 23067 (Apr. 29,
2008) (nonimmigrant visa applications); see also DOS, Visas:
Documentation of Immigrants Under the Immigration and Nationality
Act, as Amended, 75 FR 45475 (Aug. 3, 2010) (immigrant visa
applications).
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Recipients of approved USCIS immigration benefits who intend to
enter the United States from another country must generally apply for a
visa from DOS.\43\ Over half of the lawful permanent residents admitted
to the United States each year travel from another country and must,
therefore, apply for and obtain an immigrant visa from DOS.\44\ Those
with a USCIS-approved immigrant petition file DOS form DS-260,
Electronic Application for Immigrant Visa and Alien Registration.\45\
In addition to requiring online filing, applicants in some cases must
submit supporting documents in the Consular Electronic Application
Center or via email, and include a PDF attachment with supporting
documentation.\46\
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\43\ See e.g., 8 CFR 204.2(a), which provides the petition
process for a U.S. citizen or lawful permanent resident seeking to
obtain an immigrant visa on behalf of a spouse. See also DOS, Bureau
of Consular Affairs, Immigrant Visa for a Spouse of a U.S. Citizen
(IR1 or CR1), The First Step toward an Immigrant Visa: Filing the
Petition, https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html (last
visited Jan. 28, 2026).
\44\ For example, of the 1,172,910 people who obtained lawful
permanent resident status in 2023, 564,660 were new arrivals who
obtained visas from DOS. DHS, Office of Immigration Statistics, 2023
Yearbook of Immigration Statistics, tbl. 6 (2023), https://ohss.dhs.gov/topics/immigration/yearbook/2023/table6.
\45\ DOS, Bureau of Consular Affairs, The Immigrant Visa
Process, https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html
(last visited Jan. 27, 2026).
\46\ The method of submission depends on the visa classification
and location of the applicant. See DOS, Processing EB-5 Petitions at
NVC (June 21, 2018), https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/20180621_processing-eb-5-petitions-at-nvc.html (last updated Apr.
10, 2024); see also, DOS, Immigrant Visa Process, Step 9: Upload and
Submit Scanned Documents, https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-8-scan-collected-documents/step-9-upload-and-submit-scanned-documents.html
(last visited Jan. 27, 2026).
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Aliens with a USCIS-approved nonimmigrant visa petition or
application must file the DS-160, Online Nonimmigrant Visa Application,
online. 22 CFR 41.103(a)(1). A paper version of this form exists as
Form DS-156, Nonimmigrant Visa Application. However, individuals may
file Form DS-156 only in limited circumstances, as directed by a
consular officer.\47\
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\47\ DOS, Foreign Affairs Manual, 9 FAM 403.2-5(A) Nonimmigrant
Visa Application Forms (Dec. 10, 2024) https://fam.state.gov/FAM/09FAM/09FAM040302.html#M403_2_5_A.
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3. Department of Labor
Before an employer can file an H-1B \48\ petition with USCIS, it
must first file Form ETA-9035, Labor Condition Application for
Nonimmigrant Workers (LCA), with the Employment and Training
Administration (ETA) of the U.S. Department of Labor (DOL). 8 CFR
214.2(h)(1)(ii)(B). Since January 14, 2002, DOL has allowed employers
to submit LCAs online under the H-1B program. 66 FR 63298 (Dec. 5,
2001); 20 CFR 655. Starting in 2006, DOL has required employers, with
very few exceptions, to file LCAs electronically. 70 FR 72556 (Dec. 5,
2005); 20 CFR 655.705(c)(1) and 20 CFR 655.720(b). Employers with
physical disabilities or lacking internet access may file LCAs by mail
under limited circumstances. 20 CFR 655.720(c). Because LCAs are filed
with DOL as a prerequisite for filing a petition for an H-1B foreign
worker with USCIS, H-1B filers must use the online filing process.
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\48\ The H-1B nonimmigrant classification allows U.S. employers
to temporarily employ foreign workers in the United States to
perform services in a specialty occupation, services of an
exceptional nature relating to a Department of Defense cooperative
research and development project, or services as a fashion model of
distinguished merit or ability. INA sec. 101(a)(15)(H), 8 U.S.C.
1101(a)(15)(H).
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In addition, e-filing is available for several other DOL forms
USCIS benefit requestors must file. Before an employer can file an H-2A
\49\ nonimmigrant petition with USCIS, the employer must first e-file
Form ETA-9142A, H-2A Application for Temporary Employment
Certification, with DOL. 20 CFR
[[Page 51936]]
655.130(c)(1). In most cases, before an employer can file an H-2B \50\
nonimmigrant petition with USCIS, the employer must file Form ETA-
9142B, H-2B Application for Temporary Employment Certification, with
DOL. 20 CFR 655.15(c). Lastly, before an employer can petition USCIS to
hire a foreign worker to work permanently in the United States in a
category requiring DOL labor certification,\51\ the employer must file
Form ETA-9089, Application for Permanent Employment Certification, with
DOL. 20 CFR 656.17(a). These forms have been available for online
filing since 2005. 69 FR 77325 (Dec. 27, 2004). DOL receives hardly any
requests for exemption from mandatory electronic submissions in its
Foreign Labor Application Gateway system in a typical year.
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\49\ The H-2A temporary agricultural program allows agricultural
employers to, among other requirements, establish there is a
shortage of domestic workers to bring nonimmigrant foreign workers
to the United States to perform agricultural labor or services of a
temporary or seasonal nature. INA sec. 101(a)(15)(H)(ii)(a), 8
U.S.C. 1101(a)(15)(H)(ii)(a).
\50\ The H-2B temporary non-agricultural program allows non-
agricultural employers to, among other requirements, establish there
is a shortage of domestic workers to bring nonimmigrant foreign
workers to the United States to perform non-agricultural labor or
services of a temporary or seasonal nature. INA sec.
101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b).
\51\ To hire a foreign worker to permanently work in the United
States, employers may file Form I-140, Immigrant Petition for Alien
Worker. Form I-140 requires the employer to specify the immigrant
category to which the worker belongs.
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Before these petitioners file with USCIS, they are already required
to e-file forms related to their immigration benefit requests \52\ and
have established comfort doing so as evidenced by the lack of requests
for exemption.
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\52\ DOL transitioned electronic filings to a new system in
2023. DOL, Foreign Labor Application Gateway, https://flag.dol.gov
(last visited Jan. 23, 2026).
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4. Department of Justice
The Department of Justice's (DOJ's) Executive Office for
Immigration Review (EOIR) successfully implemented EOIR Courts &
Appeals System (``ECAS'') before the Immigration Courts and the Board,
which requires electronic filing for attorneys, accredited
representatives, and DHS.\53\
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\53\ See 8 CFR 1003.1(a); see generally DOJ, EOIR, ECAS:
Attorneys and Accredited Representatives, https://www.justice.gov/eoir/ecas-attorneys-and-accredited-representatives (last visited
Dec. 17, 2025).
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DOJ also recently issued an IFR to implement electronic filing and
records applications for all cases before the Office of the Chief
Administrative Hearing Officer (``OCAHO'').\54\ Furthermore, on
September 23, 2025, EOIR announced expanded capabilities of the EOIR
Payment Portal to enable electronic payment of relevant fees for
appeals, motions, and applications to EOIR.\55\
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\54\ See DOJ, Office of the Chief Administrative Hearing Officer
Electronic Filing, 91 FR 9989 (Mar. 2, 2026).
\55\ See DOJ, EOIR, Notice: Updates to the EOIR Payment Portal,
https://www.justice.gov/eoir/media/1414551 (Sep. 23, 2025).
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5. Internal Revenue Service
The experience of the Internal Revenue Service (IRS) indicates
broad acceptance of e-filing by the public. The IRS began offering tax
return e-filing (refund-only) in 1986.\56\ In 2025, the IRS received 94
percent of returns electronically,\57\ up from approximately 69 percent
in 2010.\58\ Since 2012, income tax preparers who prepare more than 10
tax returns have been required to submit returns electronically. 26
U.S.C. 6011(e)(3); 76 FR 17521 (Mar. 30, 2011). The IRS provides for a
hardship waiver but indicates it grants this waiver only in rare
cases.\59\ Corporations are required to file tax returns electronically
if they file at least 10 returns a year. 26 CFR 301.6011-5.
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\56\ See Department of the Treasury, IRS, IRS E-File: A History
(June 2011), https://www.irs.gov/pub/irs-news/fs-11-10.pdf.
\57\ Department of the Treasury, IRS, Filing Season Statistics
for Week Ending October 17, 2025, https://www.irs.gov/newsroom/filing-season-statistics-by-year (last updated Jan. 2, 2026).
\58\ Department of the Treasury, IRS, 2010 Filing Statistics,
https://www.irs.gov/newsroom/2010-filing-season-statistics (last
updated May 29, 2025).
\59\ Department of the Treasury, IRS, Rev. Proc. 2011-25,
Section 5.02, https://www.irs.gov/irb/2011-17_IRB#RP-2011-25 (last
updated Sept. 23, 2017).
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D. Benefits of e-Filing
1. Effective Use of Resources
a. Intake
USCIS received more than thirteen million benefit requests in FY
2025.\60\ As outlined previously, 8 CFR 103.2(a)(7)(ii) provides that
USCIS will not accept a benefit request if it is not properly signed,
executed (defined by 8 CFR 1.2 as completed), filed in compliance with
the regulations governing the request, and the correct fee. USCIS
undertakes this review process at intake. If a benefit request is
accepted, information from the request is collected in USCIS systems.
After intake, the benefit request is provided to adjudicators to
process. For forms filed online, intake is automated: form completeness
and filing fee payment are verified before or at the time of
submission, form data are entered into USCIS systems, and benefit
requests are routed to the appropriate queue for adjudication. After
the benefit request and evidence have been digitized, the paper is
either destroyed or shipped for long-term storage at a USCIS facility.
36 CFR 1236.56(f).\61\
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\60\ USCIS, Office of Performance and Quality, NPD, CLAIMS3,
ELIS, HQRAIO, queried Jan. 2026, PAER0020178.
\61\ See also General Records Schedule 4.5: Digitizing Records,
https://www.archives.gov/files/records-mgmt/grs/grs04-5.pdf, June
2023.
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In contrast, the paper benefit request intake process is manual.
USCIS ensures requests are complete and are accompanied by the correct
filing fee. Once accepted, the paper is scanned and some form
information, particularly significant identity information, is ingested
into electronic systems to facilitate the adjudication process. Data is
uploaded using optical character recognition (OCR) and transmitted to
USCIS after manual inspection for errors. The paper file is then
shipped to adjudicators who adjudicate the request on paper.
b. Shipping
To process millions of requests each year, USCIS maintains offices
throughout the United States and the world. To accommodate the paper
adjudication process, USCIS continually ships forms and files between
these facilities. After intake, paper benefit requests must be
forwarded to the correct office for adjudication. In FY 2025, USCIS
spent $10,864,781 on postage costs to ship received benefit requests to
the appropriate location and return rejected benefit requests to the
requestor.\62\ In addition to the benefit request itself, USCIS must
also ship any related A-Files (with previously filed requests,
supporting evidence, and documents) to the adjudicating office, often
from another storage location. Once adjudication is complete, these
documents and physical files are then shipped for long-term storage and
retention. In FY 2025, USCIS transferred files 8.7 million times,
averaging 718,331 transfers per 30 days.\63\ In addition to the
shipping costs USCIS incurs to move this many files annually, the
higher cost of potentially losing an alien's immigration record and
preventing DHS from accessing an alien's record to minimize risks from
any potential threats surpasses the financial cost of these transfers.
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\62\ Extracted from USCIS receipt data on Sept. 26, 2025.
\63\ Based on data from USCIS' internal file tracking system
(NFTS/RAILS), generated Jan. 21, 2026.
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In addition to file transfers, USCIS moves paper files within an
office during processing, such as when an office receives an A-File in
themail room, matches the A-File with the benefit request, delivers the
file to the processing queue, and out-processes the file for storage or
next use following adjudication.
[[Page 51937]]
c. Storage
Additionally, USCIS must store paper files long-term. At the heart
of USCIS operations are 58.6 million active files being reviewed,
amended, and stored at 142 different facilities.\64\ A few of these
facilities are dedicated to storage. Many locations primarily serve
adjudicative or other functions but must also store the files because
of their work. When a benefit request is reviewed and adjudicated in a
paper A-File, the A-File is kept at the office responsible for the
adjudication. When files are not being actively used, USCIS keeps them
at a storage-specific facility. USCIS must maintain A-Files until 100
years after the alien's year of birth, at which time they are
permanently transferred to the custody of the U.S. National Archives
and Records Administration (NARA) for preservation.\65\ However, USCIS
does not have sufficient space to continue storing all records until
100 years after an alien's year of birth.
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\64\ Based on data from USCIS' internal file tracking system
(NFTS/RAILS), generated Jan. 21, 2026.
\65\ After the 100th year after an alien's year of birth, A-File
custody is transferred to the National Archives and Records
Administration (NARA). See NARA, Standard Form 115, Request for
Records Disposition Authority N1-566-08-11 (Apr. 9, 2009), https://www.archives.gov/files/records-mgmt/rcs/schedules/departments/department-of-homeland-security/rg-0566/n1-566-08-011_sf115.pdf.
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As of December 31, 2022, NARA only accepts records in electronic
format, which requires USCIS to digitize paper records not already in
an electronic format once they reach the end of their 100-year
mandatory retention period.\66\ While NARA has granted USCIS a waiver
for immigration records, USCIS is working to digitize its records in
accordance with NARA requirements, which provides DHS users, including
USCIS, ICE, and CBP with accelerated access to digitized records and
permits multiple users to review the same record simultaneously.
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\66\ Transition to Electronic Records, Memorandum M-19-21 (June
28, 2019), https://www.archives.gov/files/records-mgmt/policy/m-19-21-transition-to-federal-records.pdf; see also Update to Transition
to Electronic Records Memorandum, Memorandum M-23-07 (Dec. 23,
2022), https://www.whitehouse.gov/wp-content/uploads/2022/12/m_23_07-m-memo-electronic-records_final.pdf.
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To maintain operating space, USCIS sends A-Files belonging to
immigrants who have naturalized and A-Files inactive for approximately
7 years to NARA for storage. These files, referred to as retired A-
Files, are not old enough to permanently transfer custody to NARA, and,
on average, USCIS must keep retired A-Files with NARA for 50 years.
Although retired files are so designated because they are less likely
to be requested, there were 817,723 file retrievals in FY 2025 from the
58 million retired files.\67\
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\67\ Based on data from USCIS' internal file tracking system
(NFTS/RAILS), generated Jan. 21, 2026.
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2. Efficiency Gains
The many benefits of e-filing lie in the increased efficiency it
brings to the benefit request process. For example, e-filing minimizes
the risk a benefit request will be rejected. When benefit requests are
physically mailed to USCIS, they undergo initial evaluation to
determine if the request form is properly executed in accordance with
the regulations to be accepted into the USCIS system. Deficiencies
resulting in rejection include incorrect fee amount, lack of valid
signature, or forms not executed or fully completed (missing
information). 8 CFR 103.2(a)(7)(ii). In FY 2025, USCIS rejected over 1
million paper benefit requests.\68\
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\68\ Extracted from USCIS receipt data on Sept. 26, 2025.
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In the case of benefit requests filed via guided online filing,
filing deficiencies that may result in rejection are flagged. Users
cannot submit a benefit request via guided online filing without first
correcting certain flagged deficiencies (for example, a user cannot
submit a form without signing).\69\ The ability to flag and correct
these errors in real time means both USCIS and the requestor save the
resources spent on processing the rejection of the filing and the
subsequent correction of the deficiency and resubmission of the benefit
request. Additionally, rejection of submissions subject to a filing
deadline can negatively impact immigration benefit eligibility, often
with serious consequences for individual filers due to missing filing
deadlines. Immediate notification of filing deficiencies and the
ability to address and correct them in real time can mean certain
mistakes no longer have the same potential negative consequences for
requestors. For example, USCIS automatically terminates the conditional
permanent resident status of any alien that does not file Form I-751
within the 90-day period immediately before the conditional permanent
resident status expires making the alien amenable to removal from the
United States. INA 216(c)(2), 8 U.S.C. 1186a(c)(2).
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\69\ See USCIS, Benefits of a USCIS Online Account, https://www.uscis.gov/file-online/benefits-of-a-uscis-online-account (last
updated Sep. 18, 2025).
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DHS believes e-filing may also reduce instances in which USCIS must
issue a notice of intent to deny (NOID), request for evidence (RFE), or
denial for missing information or evidence. Even though a request is
accepted by USCIS, it may be incomplete or need additional information.
In such instances, USCIS may deny the request or issue a NOID or RFE to
the requestor asking for additional or clarifying information. 8 CFR
103.2(b)(8)(ii)-(iii). After receiving a NOID or RFE, the requestor
must compile information, evidence, and a response as needed and submit
these to USCIS. USCIS may provide requestors up to 12 weeks to respond
to an RFE and 30 days to respond to a NOID. 8 CFR 103.2(b)(8)(iv). Such
an exchange not only requires time and resources from both parties but
may also considerably extend the adjudication timeline.
Several attributes of e-filing may decrease the need to issue RFEs,
NOIDs, and denials for missing information or evidence. For example,
filing via online guided filing provides opportunities for USCIS to use
parameters to help users provide complete and appropriate answers on
forms.\70\ Where certain categories of evidence are required for a
benefit type, users are prompted to upload the required initial
evidence before submitting their requests electronically. Additionally,
form logic can alert users when an answer or information provided does
not align with eligibility requirements. This feature may reduce the
number of RFEs, NOIDs, and denials and the futile payment of fees due
to incomplete, unclear, or misunderstood answers on the part of
requestors.
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\70\ For example, when filing Form I-129 online, a user can only
enter 9 numbers when entering a Federal Employer Identification
Number. See USCIS, Online Filing Engagement PowerPoint, Slide 12,
Apr. 3, 2024, https://www.uscis.gov/sites/default/files/document/outreach-engagements/OnlineFilingEngagementPowerPoint.pdf.
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E-filing also increases data integrity and standardization by
allowing USCIS to enforce consistent data formats and ingest
information provided directly into USCIS systems. In contrast,
information submitted on paper must go through intake steps, including
scanning and manual entry, for the data to be stored in agency systems.
USCIS employees must interpret the information provided and, where
unclear or erroneous, reject the filing, correct the data based on
other information, or issue an RFE, denial, or other correspondence.
Each automated step in the e-filing process decreases the risk of
inaccuracy because, as mentioned previously, paper filings sometimes
contain errors (e.g., wrong credit card expiration date or bank routing
number). Instant ingestion of data also makes it easier to integrate
and
[[Page 51938]]
exchange information across USCIS and with external agency partners.
Receiving requests electronically improves USCIS' ability to manage
workloads. Paper files must be shipped to where they are adjudicated.
If an office experiences a surge in workload, shipping files to another
office causes delays and administrative burden. Transferring electronic
data avoids such delays or burdens, meaning workloads can be
redistributed easily and in real-time to respond to office load and
workforce availability. Similarly, electronic records allow the
simultaneous use of files and case information by employees in
different locations; if one office needs to access information in a
file, it will not unnecessarily delay the work of another office.
Electronic records also greatly decrease the risk of lost and
mishandled files, since there are no paper files to physically move
among offices and storage facilities.
For benefit requestors, e-filing provides several efficiencies.
Through their accounts, users can log in and access their benefit
request history at any time.\71\ During the submission of the benefit
request, the guided online filing presents an interactive and more
intuitive experience for requestors.\72\ Electronic forms make it
easier for users to complete forms successfully and remove their
reliance on physical mail. The account and online filing process also
provides for nearly real-time submissions, correction of filing
deficiencies, and case updates.\73\
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\71\ USCIS, How to Manage Your Case After Filing Online:
Applicant Account (Play Video), https://www.uscis.gov/file-online/uscis-online-account-videos (last visited Mar. 6, 2026).
\72\ USCIS, Apply for Citizenship Online: How to File Your
Application for Naturalization Online (Play Video), https://www.uscis.gov/file-online/uscis-online-account-videos (last visited
Mar. 6, 2026).
\73\ USCIS, Benefits of Filing Online (Video), https://www.uscis.gov/file-online/benefits-of-a-uscis-online-account (last
updated Sep. 18, 2025).
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This provides benefit requestors with time savings as well. For
instance, USCIS recently estimated the hour burden per response on Form
I-131, Application for Travel Document, as 3.1 hours for respondents
filing on paper compared to 2 hours for respondents e-filing. 90 FR
57777, 57778 (Dec. 12, 2025). DHS discusses the time savings across
benefit request types in more detail in section V.B.4 of this preamble.
3. Enhanced Security
Increasing the use of e-filing has the potential to further enhance
the integrity of immigration benefits and bolster USCIS in its national
security responsibilities. E-filing will allow for the development of
enhanced digital and automated services, such as fraud detection and
national security analysis, increased data integrity, increased speed
of data ingestion and dissemination, improved identity management, and
enhanced information protection.
The overall inefficiencies of paper have been specifically noted as
a roadblock for USCIS' Fraud Detection and National Security (FDNS)
Directorate. The CIS Ombudsman 2018 Annual Report highlighted the
impact of paper processes on USCIS fraud detection functions.\74 \The
report criticized the limited progress in USCIS' effort to convert to
electronic case filing and adjudication, and stated that it has
restricted the agency's capacity to detect fraud. The report stated
that a paper-based system hinders the availability of electronic tools
and cross-comparison of applications for flagging boilerplate language
and fraud.\75\ The report recommended using technology to measure
performance, improve training, and strengthen the agency's anti-fraud
operations.\76\ The CIS Ombudsman identified USCIS' reliance on paper
as creating security risks, which permits fraud to go undetected and
risks national security.\77\
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\74\ DHS, Citizenship and Immigration Services Ombudsman, Annual
Report 2018, p. 16 (June 28, 2018), https://www.dhs.gov/sites/default/files/publications/cisomb/cisomb_2018-annual-report-to-congress.pdf.
\75\ Id., p. 17.
\76\ Id., p. 17.
\77\ DHS, Citizenship and Immigration Services Ombudsman, Annual
Report 2025, v (Aug. 18, 2025), https://www.dhs.gov/sites/default/files/2025-12/25_1202-cisomb-2025-Annual-Report-Redacted-508.pdf.
DHS, Citizenship and Immigration Services Ombudsman, Annual Report
2025, v, p. 12 (Aug. 18, 2025), https://www.dhs.gov/sites/default/files/2025-12/25_1202-cisomb-2025-Annual-Report-Redacted-508.pdf.
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DHS agrees that a digital environment would optimize USCIS FDNS'
ability to perform its essential functions. When forms are submitted on
paper, only a portion of the information provided is reflected in an
electronic system as data. As discussed in Part III, Section D of this
preamble, although USCIS adjudicates the paper forms themselves, some
form information is ingested into electronic systems to facilitate the
adjudication process. The fields captured vary by form, but always
include significant identity information, such as name, address, A-
Number. Ingestion occurs using OCR scanning followed by a manual
inspection for errors. Data received in electronic systems is provided
by the requestors directly, ensuring the information is accurate. E-
filed benefit requests capture more details about the alien from
information submitted, which improves the results of USCIS' data
analysis and fraud prevention and detection. Electronic data can be
searched, reviewed, retrieved, reported, monitored, and analyzed in a
more efficient and thorough manner than information kept in individual
paper files.\78\ For example, if USCIS discovers a fraudulent
submission, it could electronically search for additional occurrences
of the same or similar submissions across benefit product lines and
throughout government systems.\79\ The ability to facilitate easier
cross-referencing and comparison across all case materials is a
significant advantage for ensuring the integrity of benefit requests
and the adjudication process. Moreover, this advantage increases as
more information is provided and stored in an electronic format and
made available for analysis.\80\
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\78\ These functions can be used to examine information on a
large, macro scale. Although findings from large-scale analyses
might impact an individual adjudication, large-scale assessments are
distinct from the individualized case-by-case evaluation of evidence
completed during adjudication.
\79\ The CIS Ombudsman's Report states, ``With text that has
undergone OCR, FDNS can utilize automated queries that instantly
flag records with data related to fraud or security trends.''
Citizenship and Immigration Services Ombudsman, 2025 Annual Reports
(Dec. 2, 2025), p. 14. https://www.dhs.gov/publication/cis-ombudsman-2025-annual-report.
\80\ Chen, et al., Deep Learning in Financial Fraud Detection:
Innovations, Challenges, and Applications, ``Automation
significantly accelerates fraud detection by reducing manual
intervention and enabling substantial cost savings.'' https://www.sciencedirect.com/science/article/pii/S2666764925000372, Aug.
20, 2025. Catherine Cote, Harvard Business School, 4 Types of Data
Analytics to Improve Decision-Making, ``Algorithms and machine
learning also fall into the data analytics field and can be used to
gather, sort, and analyze data at a higher volume and faster pace
than humans can.'' https://online.hbs.edu/blog/post/types-of-data-analysis, Oct. 19, 2021.
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The transition to a digital environment is important for the
development of electronic fraud detection tools and methods. E-filed
forms aid in identifying fraud trends and practices that might go
unnoticed in paper filings. With e-filing, USCIS adjudicators, who are
trained to identify inconsistencies that may indicate fraud, can more
easily use their skills and digital tools to identify fraud. Similarly,
e-filing allows for automation of tasks, such as fraud and security
check processes. The transition to a more digital ecosystem will result
in time savings for USCIS enabling the reallocation of resources to
other mission-specific tasks.
A fully digital environment would also enhance the ability to share
information about individuals and
[[Page 51939]]
potential concerns simultaneously and in real time.\81\ When a security
incident occurs necessitating wide-spread information sharing, time and
resources must be used to photocopy or digitize paper records for
dissemination.\82\ In addition, electronic administrative records can
simultaneously support adjudication and litigation activities in
different physical locations. Electronic records can be accessed from
anywhere, providing for more efficient dissemination of
information.\83\
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\81\ See MITRE Corp., Person-Centric Identity Management:
Rapidly Assimilating Data About a Person of Interest (Jan. 13,
2017), https://www.mitre.org/sites/default/files/publications/17-0202-person-centric-identity-management.pdf.
\82\ USCIS continuously maintains staff to respond to emergency
requests for records.
\83\ Regardless of format, USCIS will continue to comply with
the Privacy Act and other applicable statutes.
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Correspondingly, the protection and management of records and
information is vitally important to combat fraud and ensure the
integrity of the benefit request process. Both USCIS and requestors
have an interest in properly identifying individuals submitting
requests and limiting access to information to authorized individuals.
E-filing and online accounts enable the use of tools for the
authentication and verification of identities.\84\
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\84\ See USCIS, How to Create an Online Account, https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account (last
updated Jul. 29, 2024).
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Online accounts use two-factor authentication with each log in,
requiring users to enter their email and password as well as a single-
use verification code sent to a user-specified email address or
cellphone.\85\ This authentication process helps ensure notices and
communications sent by USCIS to requestors may only be accessed by the
individual who submitted the request. Paper notices sent via mail are
addressed to the requestor and any legal representatives, but after
mailing, there are few safeguards to ensure receipt by the intended
individual and limit access to others--addresses can be misread or out
of date and postal packages can be incorrectly delivered or delivered
to an unsecured or communal mailbox.\86\ Online accounts give
requestors a personal communication channel and greater control over
the accessibility of their notices and communications from USCIS, which
may contain personal or sensitive information. This attribute of e-
filing could be particularly significant for vulnerable immigrants,
including immigrant victims of domestic violence, human trafficking,
and other crimes, who have a heightened need for privacy and
confidentiality.\87\
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\85\ See USCIS, How to Create an Online Account, Step 6, https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account
(last updated Jul. 29, 2024).
\86\ This reality is reflected in current USCIS policies on
``safe mailing addresses'' in the case of certain humanitarian
benefit requests. See USCIS, Form I-360, Instructions for Petition
for Amerasian, Widow(er), or Special Immigrant, p. 6, OMB No. 1615-
0020 (expires Mar. 31, 2027) https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf.
\87\ See INA sec. 101(a)(15)(T)-(U), 8 U.S.C. 1101 (a)(15)(T)-
(U); INA sec. 204(a)(1)(A), 8 U.S.C. 1154(a)(1)(A). See also Victims
of Trafficking and Violence Protection Act of 2000, Public Law 106-
386, 114 Stat. 1464 (codified as amended in various titles of
U.S.C.), Violence Against Women Act of 1994, Public Law 103-322, 108
Stat. 1902 (codified as amended in various titles of U.S.C.).
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IV. Discussion of Changes Made in This Rule
A. Definition of e-Filing
This rule defines e-filing to mean electronically filing or
submitting a benefit request, supporting evidence, documents, notices,
and communication in a manner made available and approved by USCIS,
including by completing the form online, in a web portal, via an
electronic interface, or by uploading a PDF of the completed form
through an approved online account. Defining and using the term ``e-
file'' will make this rule, as well as future rules, clearer and will
simplify USCIS websites, guidance, and communications by avoiding the
repetitive use of multiple words to describe the intent.
USCIS currently allows requestors to submit a benefit request
through a guided online filing experience or by uploading a PDF of the
benefit request online at https://my.uscis.gov. DHS defines e-file to
account for the electronic filing methods currently available and to
remain flexible enough to account for any future or additional types of
e-filing USCIS may develop.
B. Mandatory e-Filing Requirement
1. Required Form Types
This rule provides USCIS authority, in its discretion, to mandate
e-filing of immigration benefit requests. See 8 CFR 103.2(a)(1)(ii).
The rule provides that a form must be available for e-filing for at
least 180 days before USCIS mandates the e-filing of the form. USCIS
will provide 60 days of advance notice of the requirement by publishing
instruction on the official USCIS website, along with a clearly
articulated `effective date' allowing for a grace period. See 8 CFR
103.2(a)(1)(ii). This ensures transparency and allows requestors to
stay informed of changes to filing procedures.
Requestors may meet the mandatory e-filing requirement in any
manner made available by USCIS, including by completing the form online
or by uploading a PDF of the completed form through an online account.
Completing the form via guided online filing is the most efficient way
to submit the form, particularly since the online account will prevent
a requestor from submitting a benefit request if it does not meet
defined acceptance criteria. This minimizes the possibility the
requestor will submit a benefit request USCIS may ultimately reject.
When a requestor submits a benefit request via PDFi, USCIS runs
automated checks to determine if the submission meets defined
acceptance criteria. The requestor will receive notification in the
online system if the benefit request is rejected. Requestors submitting
a form through PDFi will receive a mailed notification \88\ once the
filing is accepted and the filing fee is transacted.
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\88\ Currently, only H-2A petitioners receive a receipt notice
in their account when filing through PDFi.
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As of December 16, 2025, USCIS offers 22 forms for e-filing, which
have all been available for at least 180 days.\89\ Of those, six are
available for both guided online filing and PDFi. This rule does not
impose or announce a requirement to e-file any benefit request, but
this rule authorizes USCIS to do so and provides the procedures USCIS
will follow to impose the requirement. USCIS may announce that some or
all of these forms must be e-filed after this rule's publication. USCIS
may require mandatory e-filing for particular eligibility categories,
classifications requested, or types of requests that may be filed using
a form even though all benefit categories that may be requested with
the form are not yet available for e-filing.
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\89\ See USCIS, Forms Available to File Online, https://www.uscis.gov/file-online/forms-available-to-file-online (last
updated Dec. 16, 2025).
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Before mandating e-filing of a particular form, USCIS will consider
the form's association with other forms that may not yet be available
to e-file and system development to support e-filing the form. Each
time e-filing is required, USCIS will also consider characteristics of
the filing population, socioeconomic conditions, the availability of
public technology resources, and similar criteria as they apply
generally to the specific request. An e-filing mandate is not
necessarily irreversible; if a mandate results in a great number of
requests for waiver of the e-filing requirement or a sizeable decrease
in filings of the request, USCIS may consider why that
[[Page 51940]]
is occurring and whether additional actions are needed.
2. Required Fields
USCIS requires certain fields on its forms to be complete before
accepting a benefit request. Just as USCIS rejects paper submissions,
USCIS may reject a PDFi submission or prevent a form from being
submitted online if the attempted submission is not consistent with the
form instructions or regulations or if a required data element is
incomplete.
Neither the INA nor DHS regulations define the term ``reject'' or
``rejection'' for immigration purposes. USCIS, however, has defined
these terms through agency practice, using intake rules and procedures
to review each submission for compliance with the filing requirements
in 8 CFR 103.2(a)(7), compliance with other applicable regulations,
including form instructions, and compliance with USCIS policy.\90\
Generally, when a request is rejected, USCIS returns the entire
contents of the received packet to the requestor, including the
request, all supporting documentary evidence, and the filing
fee(s).\91\ USCIS does not conduct a substantive review of the request
or supporting evidence when assessing whether the request should be
accepted or rejected, only that it meets minimum requirements for
acceptance. Typically, a requestor can re-file a rejected request after
correcting the filing deficiencies.
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\90\ See USCIS, Policy Manual, Volume 1, General Policies and
Procedures, Part B, Submission of Benefit Requests, Chapter 6,
Submitting Requests, Section B, Intake Processing, https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6 (current as of
Feb. 3, 2026).
\91\ USCIS does not refund the filing fee when it rejects an
appeal filed by a person or entity not entitled to file an appeal.
See 8 CFR 103.3(a)(2)(v)(A)(1).
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Conversely, if a request is accepted, USCIS will issue a receipt
notice, deposit the filing fee, and prepare the request for a
substantive review (generally called adjudication). The adjudication
process may also include additional steps, such as requesting more
evidence or interviewing the requestor, and ultimately, issuing a final
determination approving or denying the request. In short, a request is
rejected when USCIS determines the submission does not comply with all
applicable acceptance criteria and returns the request to the
requestor, while a request is generally denied only after it is
accepted and adjudicated by USCIS.
Eliminating the need for a USCIS employee to physically review a
filing for deficiencies as currently required for paper filings results
in a much more efficient system for USCIS. Although the guided online
filing process is necessarily different from completing a paper form,
forms submitted via guided online filing generally collect the same
information from requestors and match the rejection criteria utilized
for paper submissions. Requestors who continue to use the paper filing
option (until e-filing becomes available or by seeking a waiver of the
e-filing requirement) only know their filing is rejected after intake,
review, and return of the rejected submission. If a requestor attempts
to submit a rejectable filing to USCIS through the guided online filing
interface, the filing platform will prevent the requestor from
submitting the request and identify the data field(s) or data
element(s) preventing submission. Requestors who utilize the guided
online filing interface know instantaneously if their filing needs
additional data or evidence before it can be submitted. Requestors who
upload a PDF within their USCIS online account are notified of a
rejection after submission intake and processing through existing
business rules by an electronic rejection notice posted in their online
account and a physical rejection notice issued through the mail.
Consistent with the requirements to follow form instructions
regarding signatures and required data elements, DHS is making
procedural and technical amendments to 8 CFR 103.2(a)(1)(i) restating
in plainer language that requests must be completed as required by form
instructions. USCIS ensures that form instructions are consistent with
statutory and regulatory criteria. Clarifying the regulatory text in
this manner will not change the effect of form instructions or result
in fewer or more requests being rejected.
3. Signature
As stated earlier, GPEA generally directs Federal agencies to
provide the option to use electronic forms, electronic filing, and
electronic submissions to conduct agency business with the public.
Public Law 105-277, 112 Stat. 2681-750, sec. 1704. GPEA also
establishes the means for the use and acceptance of electronic
signatures.
GPEA defines an electronic signature as ``a method of signing an
electronic message that identifies and authenticates a particular
person as the source of the electronic message and indicates such
person's approval of the information contained in the electronic
message.'' Id at sec. 1710. It adds that ``electronic signatures or
other forms of electronic authentication used in accordance with such
procedures shall not be denied legal effect, validity, or
enforceability because such records are in electronic form.'' Id at
sec. 1707. GPEA therefore generally directs agencies to enable
requestors to sign completed forms electronically with the same legal
force as a handwritten signature on paper.
The current process for signing a benefit request online occurs
through the signer's online account. Once users reach the signature
portion of the electronic form, they are presented with the declaration
or certification language identical to the paper version of the same
form. They are presented with a check box to acknowledge acceptance and
understanding of the language, as well as to grant authorization for
USCIS to use the data provided in the benefit request, supporting
documents, and other USCIS records to determine the requestor's
eligibility for the benefit and to administer and enforce U.S.
immigration law. After typing their name in the signature box, users
represent their intent to file the signed document by clicking a
subsequent button presented on the screen. If, prior to submission, a
user chooses to go back and change information on the form, they will
be required to complete the signature process again before the form can
be submitted. At the time the form is submitted, the electronic
signature and the account information are combined with a date and time
stamp.
A signature on a benefit request may be in an electronic format
when the request is filed online, as permitted by the instructions to
the form. 8 CFR 103.2(a)(2). USCIS does not permit signatures affixed
to a paper form using a signature software program outside of an online
account because this form of signature, unlike signatures collected
through the USCIS online account, does not authenticate the requestor
as the signatory.\92\ Considering the continued efforts to increase the
number of forms available for e-filing, and that DHS is moving away
from filings by mail, DHS has decided to not expend resources to change
its rules regarding signing paper using signature programs.
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\92\ See, e.g., https://signaturely.com/how-electronic-signatures-work/ (last visited Mar. 10, 2026).
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USCIS only accepts electronic signatures for e-filing because the
signatures occur within a secure account verifying the identity of the
signer. USCIS e-filing options, including PDF upload, are designed with
the goal of ease of access, completion, accuracy, and submission. E-
filing options offer multiple advantages compared to being able to sign
a paper form using a software program, including the ability to
electronically sign and submit a benefit request submitted to USCIS
[[Page 51941]]
through a single workflow, signature capture and retention through a
legally compliant agency solution, and identity verification managed
through the USCIS online account, so USCIS will continue to focus its
efforts on reducing paper filings.
4. Supporting Documents
In addition to the properly completed form and filing fees, most
benefit requests require the requestor to submit certain supporting
documentation with their filing, referred to as required initial
evidence. 8 CFR 103.2(b)(8)(ii). The required initial evidence is
dependent on the benefit being requested, but may include documentation
of citizenship, a copy of a birth certificate, or documentation of a
domestic relationship, such as spousal, sibling, or legal guardianship.
When filing by mail, requestors generally photocopy supporting evidence
and mail all paper copies together with the completed required form.
When e-filing, requestors instead submit supporting evidence and
documentation in either electronic or digital format and upload to the
case using their online account from any device, including tablets and
smartphones.\93\
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\93\ Online accounts currently accept Joint Photographic Experts
Group (JPG or JPEG), Portable Document Format (PDF), and Tagged
Image File Format (TIF or TIFF) formats.
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For those with access to a smartphone, this represents a
convenience since photos can easily be emailed or transferred.
Additionally, some types of supporting evidence may exist in a native
digital format, such as school records and household bills. For those
without access to a smartphone or with more voluminous supporting
paperwork, most machines with photocopying capability can generally
scan documents.\94\ For example, an individual who previously had to go
to a library to copy a document could potentially scan the document at
the library instead. Nearly all libraries assist patrons with using
digital platforms and completing government forms.\95\
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\94\ See M. David Stone, The Best All-in-One Printers for 2026,
PCMag Digital Edition, https://www.pcmag.com/picks/the-best-all-in-one-printers (last updated Dec. 21, 2025) (stating, for home or
office multi-function printers, ``Printing and copying are a given,
and scanning is almost always included as well.'').
\95\ See Kathy Rosa ed., American Library Association, The State
of America's Libraries 2015, p. 10 (Apr. 2015), http://www.ala.org/news/sites/ala.org.news/files/content/0415_StateAmLib_0.pdf.
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When uploading a document, users are prompted to categorize the
image. Categorizing evidence helps users ensure they have submitted all
required initial evidence with their filing by alerting them when
certain required evidence appears to be missing. Additionally,
categorizing evidence at intake presents more efficient review options
during the adjudication process; adjudicators can proceed straight to
the document they must review, rather than flipping through a pile of
paper or one large digital file of all evidence.
DHS is not changing the requirement that requestors submit an
English translation of any supporting document that is not in English,
including a certification from the translator that the translation is
complete and accurate and that he or she is competent to translate the
foreign language into English. 8 CFR 103.2(b)(3). DHS has explored the
acceptance of document translations provided by automated translation
tools but has determined they do not currently ensure sufficient
accuracy and reliability in the translation to meet DHS requirements.
5. Fees
Each request must be filed with all required fees. 8 CFR
103.2(a)(1). When a request is e-filed, USCIS requires any fees
associated with the request to be paid online.\96\ The USCIS online
system currently interfaces with the U.S. Department of the Treasury,
Bureau of the Fiscal Service web-based system, Pay.gov.\97\ Pay.gov is
used to make secure electronic payments to Federal Government agencies.
Required fee totals are automatically computed by USCIS, and
individuals can pay in U.S. dollars using a credit card, debit card,
bank account withdrawal, or prepaid card from a U.S. bank located in
the United States.
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\96\ See USCIS Fee Schedule, Form G-1055, ``Filing Online,''
Mar. 1, 2026, https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf,
\97\ See Department of the Treasury, Bureau of the Fiscal
Service, Pay.gov, www.pay.gov/paygov (last visited Dec. 17, 2025).
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While payments made online through Pay.gov are tabulated and
verified nearly immediately, paper forms require the processing of
credit card or automated clearing house (ACH) transaction forms through
a time-intensive process requiring USCIS to input, verify, and clear
the payment instruments. For requests submitted on paper, requestors
are required to tabulate the total fee themselves according to the Form
G-1055, Fee Schedule,\98\ and include an ACH or credit card
authorization form. Paying a filing fee by credit card for a paper
request requires individuals to submit Form G-1450, Authorization for
Credit Card Transactions, to provide their credit card information.
Paying a filing fee by ACH for a paper request requires requestors to
submit Form G-1650, Authorization for ACH Transactions, to provide
their bank account information.
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\98\ See USCIS, Form G-1055, Fee Schedule, https://www.uscis.gov/g-1055 (last updated Feb. 1, 2026).
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In October 2025, USCIS began requiring requestors to pay filing
fees through either an Automated Clearing House (ACH) or credit card
payment.\99\ By December 27, 2025, over 96 percent of requestors paid
their filing fees by electronic means.\100\ However, given the paper-
based nature of many USCIS filings, the electronic payment can only be
effectuated by having the requestor include USCIS Form G-1450 or Form
G-1650 with the benefit request. Lockbox employees must then manually
enter the information into the payment system.
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\99\ See USCIS, USCIS to Modernize Fee Payments with Electronic
Funds (Aug. 29, 2025), https://www.uscis.gov/newsroom/news-releases/uscis-to-modernize-fee-payments-with-electronic-funds.
\100\ Source: USCIS Office of Intake and Document Production
internal receipt data.
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This system is inefficient as it requires requestors to transcribe
their fee information onto the form or payment instrument and then
requires USCIS to manually enter the information into the Department of
the Treasury's system for payment. Errors on the form or in a payment
being processed could result in the request being rejected. E-filed
benefit requests, conversely, do not require a paper-based form to
permit an electronic payment. Rather, the requestor can make their
payment directly online. USCIS uses the online system to calculate the
correct fees for the benefit requests being submitted, which limits
rejections for an incorrect fee as the online system pre-determines the
correct amount based on the requestor's specific circumstance. Of the
one million paper-filed benefit requests USCIS rejected in FY 2025,
approximately 25 percent were solely due to a fee issue, including the
requestor providing the incorrect fee.\101\ Additionally, paying online
with a credit card or bank withdrawal requires entering the payment
information one time, reducing the chance of transcription errors. It
also provides the user with immediate notification if there is an error
with the information provided. A requestor can correct errors in real
time and resubmit the information immediately. As more benefit requests
are filed online, it will free up USCIS resources currently used for
processing payments.
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\101\ Extracted from USCIS receipt data on Jan. 22, 2026.
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[[Page 51942]]
6. Receipts and Completeness
Submitting benefit requests via guided online filing provides users
with immediate confirmation their request has been received by USCIS. A
requestor cannot submit an electronic benefit request until the
requestor completes the electronic form, provides a valid electronic
signature, and pays the required fee.\102\ Once submitted, USCIS labels
the case accepted and assigns a receipt number in the requestor's
account.\103\ Those who properly complete a request are immediately
notified that their submission has been received and successfully
ingested into USCIS systems. Requestors submitting a form through PDFi
will receive a mailed notification \104\ once the filing is accepted
and the filing fee is transacted. Once a benefit request is received,
USCIS will record the receipt date as the actual date of receipt of the
online submission. 8 CFR 103.2(a)(7)(i).
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\102\ USCIS Policy Manual, Volume 1, Part B, Chapter 6,
Submitting Requests, Section A, How to Submit, Subsection 2,
Submitting Requests Online, https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6 (last updated Feb. 3, 2026).
\103\ USCIS Policy Manual, Volume 1, Part B, Chapter 6,
Submitting Requests, Section A, How to Submit, Subsection 2,
Submitting Requests Online, https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-6 (last updated Feb. 3, 2026).
\104\ Currently, only H-2A petitioners receive a receipt notice
in their account when filing through PDFi.
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A requestor filing on paper with a USCIS Lockbox facility can
include Form G-1145, E-Notification of Application/Petition Acceptance,
to request USCIS to send an email or text message once the form is
accepted. When a paper filer includes this form, USCIS will identify
the receipt number and instruct the requestor how to get updated case
status information, typically by checking in the online system. See
Form G-1145 Instructions. USCIS does not re-send any undeliverable e-
notifications and still mails a physical receipt notice to the
requestor and his or her attorney or accredited representative within
10 days of the request's acceptance. This process is burdensome on both
the requestor and USCIS and does not provide the same immediate
notification as the USCIS online system.
7. Accessibility
DHS believes allowing USCIS to mandate e-filing will not restrict
the public's access to the programs administered by USCIS to a
meaningful extent. As the adoption of technology becomes increasingly
widespread, the hurdle of accessibility and digital literacy associated
with e-filing shrinks. Measures of internet usage in the United States
vary by survey, but the consistent result is that internet usage is
pervasive and trends show a steady increase over time. DHS describes
its analysis of the effect of an e-filing mandate on the specific
sectors of the affected public in the following sections. DHS focused
its accessibility analysis on the United States as USCIS filing
populations are generally residing in the United States. With limited
exceptions, most individuals seeking immigration benefits from outside
the United States file with the Department of State and will be
minimally impacted by this rule. In FY 2025, USCIS received 0.4 percent
of its total receipts from outside the United States.\105\
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\105\ USCIS Office of Performance and Quality, NPD, CLAIMS3,
ELIS, HQRAIO, queried Jan. 2026, PAER0020178.
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a. Individuals
The American Community Survey (ACS) indicates that among all
households in 2021, 95 percent had at least one type of computer and 90
percent had a broadband internet subscription.\106\ This number has
increased over time, from 74 percent subscribed to any type of internet
in 2013 to 90 percent in 2021.\107\ Breaking down the most recent data
by age of respondent similarly demonstrates the prevalence and
progression of household internet use. As Table 7 shows, nearly 90
percent of respondents between the ages of 15 and 64 live in a
household where the internet is used.
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\106\ Daniela Mejia, United States Census Bureau, Computer and
internet Use in the United States: 2021 (June 2024), https://www2.census.gov/library/publications/2024/demo/acs-56.pdf.
\107\ Daniela Mejia, United States Census Bureau, Computer and
internet Use in the United States: 2021, p. 3 (June 2024), https://www2.census.gov/library/publications/2024/demo/acs-56.pdf.
\108\ Outside home access includes internet use at work, school,
coffee shop, public places (such as library, commercial center,
community center, and other public places), someone else's home, and
other locations not covered here.
[GRAPHIC] [TIFF OMITTED] TR11AU26.008
[[Page 51943]]
The increasing prevalence of smartphones, tablets, and other mobile
and handheld devices has expanded the reach of the internet in daily
life and provided alternative methods for accessing the internet and
interacting electronically. Eleven percent of households accessed the
internet only through a cellular data plan for a smartphone or other
mobile device.\109\ These individuals do not necessarily need an
internet subscription from an internet service provider to be able to
access the internet personally. In addition to mobile internet service,
mobile devices provide additional options for accessing the internet
from public spaces. As discussed in later sections, an increasing
number of public places offer free Wi-Fi, including nearly all public
libraries.
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\109\ Daniela Mejia, United States Census Bureau, Computer and
internet Use in the United States: 2021, p. 8 (June 2024), https://www2.census.gov/library/publications/2024/demo/acs-56.pdf.
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For many, mobile devices have moved beyond internet browsing to
become essential tools of daily life, facilitating everything from
mobile banking to the operation of household appliances. The USCIS
website, including access to forms, and myUSCIS are accessible to users
on mobile devices.\110\ Even the most basic mobile devices are multi-
functional machines capable of completing tasks, which once required
separate tools, such as running digital applications, taking
photographs, sending and receiving digital files and messages,
screenshotting or copying digital documents, and scanning paper
documents. The pervasiveness of these handheld technologies,
particularly among working-age adults, becomes even starker when these
data are aggregated by age. As shown in Table 8, over 80 percent of
individuals between the ages of 15 and 64 reported internet-enabled
mobile phone use in 2023.
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\110\ USCIS, myUSCIS, https://my.uscis.gov/ (last visited Apr.
20, 2026) (stating, ``you can use myUSCIS anytime and on any
device''). See also USCIS, USCIS website, E-Verify Now Optimized for
Mobile Devices, https://www.uscis.gov/archive/uscis-website-e-verify-now-optimized-for-mobile-devices (last updated Feb. 29,
2016).
[GRAPHIC] [TIFF OMITTED] TR11AU26.009
DHS believes nationwide internet accessibility data indicate that
most requestors will be able to comply with the e-filing requirements.
DHS does not have internet accessibility data specific to USCIS benefit
requestors and understands that particular populations submitting
requests may have attributes making compliance with the online
submission requirements more or less challenging. DHS acknowledges,
despite the prevalence of the internet, there are still requestors who
do not use the internet, whether because of expense, interest,
availability, or digital literacy. Although DHS expects this population
to continue to shrink, DHS recognizes that requestors who do not use
the internet will be uniquely impacted by requiring the e-filing of
benefit requests. After analyzing and carefully considering these
impacts DHS believes the benefits of e-filing, both immediate and long-
term, justify the costs this limited population may incur. In addition,
as USCIS decides whether to mandate e-filing of a particular benefit
request, USCIS may consider the characteristics of the population
required to file a given form, which may make it more or less amenable
to e-filing. Finally, as discussed in this preamble, DHS is providing a
waiver process to mitigate adverse impacts to requestors for whom
compliance with the e-filing requirements would be an undue
hardship.\111\
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\111\ See Part IV, Section C of this preamble.
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b. Legal Representatives
DHS has also determined this rule would not preclude access to
USCIS programs due to no internet access when a requestor is legally
represented. Requestors who file with the assistance of an attorney or
accredited representative must file a Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, or Form G-28I,
Notice of Entry of Appearance as Attorney in Matters Outside the
Geographical Confines of the United States. A review of USCIS records
shows legal representatives submit 32 percent of benefit requests.\112\
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\112\ DHS, USCIS, Office of Performance and Quality. ELIS,
CLAIMS, GLOBAL, C4 queried Jan. 2026, PAER #0020170.
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Both attorneys and accredited representatives have licensing or
accreditation requirements they must satisfy before they are able to
take on those roles.\113\ The education and income of these
individuals, as well as the demands of engaging in business, means they
are likely to be familiar with the internet and online functionality.
Increasingly, legal representatives are required to use the internet in
a variety of situations. As noted previously in this preamble, EOIR
already requires immigration attorneys and accredited representatives
to register online before representing clients in Immigration Court or
before the BIA. Registration requires the legal representative to go
online and create an account with a user ID and password.\114\ This
population of legal representatives most closely
[[Page 51944]]
approximates the population affected by this rule.
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\113\ See, e.g., 8 CFR 1003.0(e)(3) (providing that EOIR
administer a program to recognize organizations and accredit
representatives to provide representation before the Immigration
Courts, the Board, and DHS, or DHS alone).
\114\ DOJ, EOIR, Attorneys and Fully Accredited Representatives
Registration Process Instructions, https://www.justice.gov/eoir/page/file/1132791 (May 2024).
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Attorneys are increasingly required to file documents online in
various areas of the profession, including in Federal and State court
systems. The majority of all Federal bankruptcy, district and appellate
courts mandate parties file all pleadings associated with their case
online in the Case Management/Electronic Case Filing (CM/ECF)
system.\115\ In addition, State courts are increasingly requiring
attorneys to e-file documents.\116\ Therefore, DHS analysis of the
internet access use and capability of immigration practitioners
indicates represented parties would not be prejudiced by being required
to file a specific USCIS benefit request online.
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\115\ See House of Representatives, Committee on the Judiciary,
Federal Rules of Appellate Procedure, Rule 25.1 (Dec. 1, 2024),
https://www.uscourts.gov/file/78321/download. See also PACER,
Individual Court Sites, https://pacer.uscourts.gov/file-case/court-cmecf-lookup (last visited Dec. 17, 2025) (with links to all Federal
courts' individual CM/ECF sites).
\116\ Some State jurisdictions require attorneys to file
documents electronically or register online, including in Alabama
(Alabama Bar Association, AlaFile Registration is Now Mandatory!!
(Apr. 19, 2011), https://www.alabar.org/news/alafile-registration-is-now-mandatory/); California (California Supreme Court Adopts
Amendments to E-Filing Rules (Aug. 13, 2025), https://courts.ca.gov/news/california-supreme-court-adopts-amendments-e-filing-rules);
Maryland (Maryland Electronic Courts, FAQs For Attorneys, https://mdcourts.gov/mdec/faq-attorneys (last visited Dec. 17, 2025)); Texas
(Texas Judicial Branch, Third Court of Appeals, Electronic Filing,
Attorneys, http://www.txcourts.gov/3rdcoa/practice-before-the-court/electronic-filing/attorneys/ (last visited Feb. 12, 2026)); and
Wisconsin (Electronic Filing Rule, Wisconsin Statutes 801.18 (Apr.
28, 2016), https://www.wicourts.gov/ecourts/efilecircuit/docs/eFilingrule.pdf).
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c. Employers
Many requestors are not individuals but are U.S. businesses or
legal entities. Employers may file both immigrant and nonimmigrant
petitions on behalf of foreign workers.\117\ Some employers are well-
positioned to comply with the e-filing mandate. As noted in previous
sections, employers are accustomed to e-filing requirements in a
variety of settings. Those applying for H-1B visas, for example, have
been required to file an LCA online with DOL since 2006, with few
exceptions. 71 FR 37801 (June 30, 2006).
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\117\ See, e.g., USCIS, Form I-140, Immigrant Petition for Alien
Workers, https://www.uscis.gov/i-140 (last updated Jan. 9, 2026);
see also DHS, USCIS, Form I-129, Petition for a Nonimmigrant Worker,
https://www.uscis.gov/i-129 (last updated Feb. 10, 2026).
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There are increasing avenues in which employers are encouraged, if
not required, to use government e-filing. The IRS and Social Security
Administration require businesses filing at least 10 information
returns to e-file Forms W-2.\118\ Some States similarly require some or
all businesses to e-file taxes.\119\
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\118\ Internal Revenue Service, General Instructions for Forms
W-2 and W-3 (2026) (Jan. 29, 2026), https://www.irs.gov/pub/irs-pdf/iw2w3.pdf.
\119\ Online filing requirements for businesses vary by state.
Some States require all businesses to file online, while others have
mandatory online filing once a business reaches an employee or
income threshold. States with online filing requirements include
Massachusetts (Massachusetts Department of Revenue, DOR E-File
Information, https://www.mass.gov/guides/dor-e-file-information
(last updated Oct. 25, 2024)), Michigan (Michigan Department of
Treasury, Is E-File mandatory for Michigan Business Tax (MBT)?,
https://www.michigan.gov/taxes/0,4676,7-238-43519_46621_47458_69295-337087-,00.html (last visited Dec. 17, 2025)), Missouri (Missouri
Department of Revenue, Business Tax Electronic Filing FAQs, https://dor.mo.gov/faq/business/telefile.php (last visited Dec. 17, 2025)),
New York (New York State Department of Taxation and Finance,
Electronic filing mandate for business taxpayers, https://www.tax.ny.gov/bus/efile/elf_busn_mandate.htm (last updated Mar. 23,
2025)), and Oregon (Oregon Department of Revenue, iWire, https://www.oregon.gov/DOR/programs/businesses/pages/iwire.aspx (last
visited Dec. 17, 2025)).
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d. Available Assistance
Libraries are important public resources for internet access and
digital literacy. In 2020, there were 9,025 public libraries in the
United States.\120\ The Digital Inclusion Survey 2014-2015 found that
98 percent of libraries in the United States at that time offered free
Wi-Fi and technology training. Further, the proportion of libraries
circulating internet hotspots and laptops has increased with 46.9
percent of libraries overall offering hotspots and 24.8 percent
circulating laptops as of 2023.\121\ Perhaps more significantly, it
reported that in 2015 nearly all libraries offered assistance in
completing electronic government forms.\122\ DHS expects individuals
who do not have personal access to the internet at home will be able,
at a minimum, to create and access their USCIS online accounts at local
libraries. Libraries also provide the advantage of knowledgeable
librarians who can assist filers confused by any aspects of the
technology. Over 95 percent of public libraries also provide at least
one type of digital literacy training.\123\
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\120\ U.S. Department of Education, Digest of Education
Statistics: 2020, ch. 7, Table 701.60, https://nces.ed.gov/programs/digest/d22/tables/dt22_701.60.asp (last visited Dec. 17, 2025).
\121\ American Library Association, 2023 Public Library
Technology Survey: Summary Report, p. 4 (2024), https://www.ala.org/sites/default/files/2024-07/PLA_Tech_Survey_Report_2024.pdf.
\122\ Kathy Rosa ed., American Library Association, The State of
America's Libraries 2015 10-11 (Apr. 2015), http://www.ala.org/news/sites/ala.org.news/files/content/0415_StateAmLib_0.pdf.
\123\ American Library Association, 2023 Public Library
Technology Survey: Summary Report, p. 7 (2024), https://www.ala.org/sites/default/files/2024-07/PLA_Tech_Survey_Report_2024.pdf.
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The importance of making digital advances has been recognized on
governmental and other levels and has resulted in numerous programs
dedicated to improving access for groups that may be less likely to
have it. Since 2009, the U.S. Department of Agriculture (USDA) has run
a variety of programs providing loans and grants to strengthen access
to high-speed broadband for rural parts of the United States. These
include Community Connect Grants, Distance Learning and Telemedicine
Grants, Rural Broadband Access Loan and Loan Guarantee, and
Telecommunications Infrastructure Loans and Loan Guarantees.\124\
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\124\ See U.S. Department of Agriculture (USDA) web page, Rural
Development, Telecom Programs, https://www.rd.usda.gov/programs-services/all-programs/telecom-programs (last visited Feb. 17, 2026);
see also 7 CFR 1739 (Community Connect Grant Program).
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In 2017, E.O. 13790 announced the creation of the Interagency Task
Force on Agriculture and Rural Prosperity. 82 FR 20237 (Apr. 25, 2017).
The report issued on October 21, 2017, pursuant to E.O. 13790,
highlighted the importance of connectivity for rural United States,
noting that ``reliable and affordable high-speed internet connectivity
will transform rural America as a key catalyst for prosperity.'' \125\
The report recognized digital connectivity is essential and impacts
society on a variety of levels, affecting everything from wide-ranging
economic development to the preparedness of the workforce to
individuals' quality of life.\126\ As a result, it lists ``Achieving e-
Connectivity for Rural America'' as ``Call to Action #1.'' \127\ The
report notes rural areas remain less connected to reliable high-speed
internet today than metropolitan areas and have lower usage rates
compared with urban areas. DHS notes the data are from 2014, and the
USDA Community Connect Grant Program has very likely increased high
speed internet access levels significantly since then.
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\125\ Sonny Perdue, USDA, Report to the President of the United
States from the Task Force on Agriculture and Rural Prosperity, p. 2
(Oct. 21, 2017), https://www.usda.gov/sites/default/files/documents/rural-prosperity-report.pdf.
\126\ Id. at 26.
\127\ Id. at 17.
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In addition to the USDA programs noted above, the Federal
Communications Commission (FCC) operates the universal service schools
and libraries program, commonly known as the E-Rate program, which
helps ensure schools and libraries can obtain high-speed internet
access at affordable rates. The $10 billion
[[Page 51945]]
Universal Service Fund is administered by the Universal Service
Administrative Company (USAC), a nonprofit designated by the FCC. With
the guidance of FCC policy, USAC collects and delivers funding through
four programs focused specifically on places where broadband and
connectivity needs are acute.\128\ In 2022, universal service
disbursements totaled over $7.4 billion.\129\
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\128\ Universal Service Administrative Co., https://www.usac.org
(last visited Dec. 17, 2025).
\129\ Universal Service Administrative Co., Universal Service
FAQs, https://www.usac.org/about/universal-service/faqs/general/
(last visited Dec. 17, 2025).
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e. Rehabilitation Act Compliance
The USCIS transition to mandatory e-filing and this rule comply
with the requirements of sections 504 and 508 of the Rehabilitation Act
of 1973, as amended, as they apply to federally funded programs and
activities and access to electronic and information technology used by
the Federal Government. Public Law 93-112, 87 Stat. 355 (Sept. 26,
1973) (codified as amended at 29 U.S.C. 794, 798). USCIS' e-filing
system complies with the Rehabilitation Act and is accessible to
employees and members of the public.
C. Waiver of e-Filing Requirement
This rule provides a process to request a waiver of the e-filing
requirement. This waiver ensures DHS complies with the 21st Century
IDEA Act, which requires each executive agency to maintain an
accessible method of completing digital services through in-person,
paper-based, or other means, such that individuals without the ability
to use digital services are not deprived of or impeded from access to
those digital services. Public Law 115-336, sec. 4(e), 132 Stat. 5025,
5027 (Dec. 20, 2018).
This rule is also consistent with the E-Government Act of 2002,
which requires that, ``When promulgating policies and implementing
programs regarding the provision of Government information and services
over the internet, agency heads shall consider the impact on persons
without access to the internet, and shall, to the extent practicable--
(1) ensure that the availability of Government information and services
has not been diminished for individuals who lack access to the
internet; and (2) pursue alternate modes of delivery that make
Government information and services more accessible to individuals who
do not own computers or lack access to the internet.'' Public Law 107-
347, sec. 202(c), 116 Stat. 2899 (Dec. 17, 2002).
While DHS believes most requestors could comply with an e-filing
requirement, it is understood that access to the internet and relevant
technology is not yet universal. Therefore, DHS is providing a waiver
request process for requestors unable to e-file a benefit request USCIS
requires to be e-filed.
1. Qualifying for a Waiver
Requestors may seek a waiver of the e-filing requirement by
submitting Form I-936, Request for Waiver of E-Filing Requirement,
before submitting a paper filing. See 8 CFR 103.2(a)(1)(iii). USCIS
will determine, in its discretion, whether to approve the waiver and
allow the requestor to submit his or her benefit request without using
the required e-filing method. DHS has decided to implement this process
to encourage greater participation in e-filing and provide USCIS with
increased visibility into the expected amount of paper filings so USCIS
can properly allocate resources and manage the operational burden of
paper filings. USCIS may exercise its discretion to waive the e-filing
mandate for individual cases if USCIS determines requiring e-filing
would cause the requestor undue hardship.
The requestor must demonstrate the reason for the waiver request.
In assessing whether a waiver is warranted, USCIS will consider all
relevant evidence the requestor provided, such as information
concerning geographical location, socioeconomic conditions, and the
availability of public technology resources. If the requestor does not
have personal access to the internet, the requestor must explain why he
or she cannot find other ways to access the internet (for example,
through public libraries, community centers, friends, or family). Being
unfamiliar with the USCIS e-filing system or not having an online
account will generally not be enough to establish a requestor qualifies
for a waiver, particularly because as discussed previously in this
preamble, public libraries provide patrons access to the internet and
often offer digital literacy training.
Any person or entity may submit a waiver request. However, DHS
expects certain groups will generally not be eligible for a waiver,
such as requestors who have legal representation and requestors who are
business entities (as opposed to individuals). As explained earlier in
this preamble, access to the internet should not be a problem and
expense for parties represented by counsel, or a business entity that
must document its ability to pay wages to a foreign national
employee.\130\ Nevertheless, USCIS will evaluate each request for a
waiver on a case-by-case basis and consider if the circumstances
justify a waiver of the e-filing requirement.
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\130\ See Part IV, Section A.7 of this preamble discussing
expectations of internet access for those with legal representation
and entities.
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An individual who has previously e-filed a benefit request can
still submit Form I-936 requesting a waiver of the e-filing requirement
for a future benefit request. The individual's ability to e-file in the
past would be considered as a factor in determining whether a waiver is
warranted. However, DHS recognizes circumstances can change. USCIS will
evaluate each waiver request on its own merits.
2. Submitting a Waiver Request
A requestor seeking a waiver of the e-filing requirements must
first submit Form I-936, Request for Waiver of E-Filing Requirement,
with the appropriate fee. Requestors must provide supporting
documentation to demonstrate the reason they are unable to comply with
the e-filing requirement.\131\ USCIS makes its forms available on its
website.\132\ Information on how to complete and submit the waiver
request, including themailing address for submission, are included in
the form instructions.\133\
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\131\ See Instructions for Form I-936, What Evidence to Submit.
\132\ See USCIS, All Forms, https://www.uscis.gov/forms (last
visited Dec. 18, 2025).
\133\ See Instructions for Form I-936.
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Form I-936 requires waiver requestors to indicate the specific
benefit request form they wish to file via paper.\134\ Requestors must
provide supporting documentation to demonstrate the reason they are
unable to comply with the e-filing requirement.\135\ If USCIS
determines a waiver is warranted, it would mail a paper waiver approval
notice to the requestor, as well as a paper version of the form the
requestor lists on the Form I-936 and the appropriate address to submit
the benefit request. A waiver approval notice will be valid for 30 days
from its date of issue for new filings.\136\ Thus, USCIS must receive
any paper form submitted based on a given waiver approval notice within
33 calendar days from the day USCIS issued the waiver
[[Page 51946]]
approval notice.\137\ DHS believes the 30-day validity period will help
ensure waivers of the e-filing requirements are used only when truly
necessary, while at the same time allowing enough time for those
granted waivers to submit paper forms.
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\134\ See Form I-936, Part 2, Question 1. (``I want to request a
waiver of the e-filing requirements for the following form'').
\135\ See Instructions for Form I-936, What Evidence to Submit.
\136\ Throughout this rule, where the preamble references a
request that must be filed online, such characterization excludes
those who receive waivers, which are available for all requests that
must be filed online.
\137\ USCIS allows for 3 additional days in cases of service by
mail. 8 CFR 103.8(b).
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An individual may only include one form in a single waiver request
form, meaning requestors must submit a separate Form I-936 for each
benefit request they are seeking to file by paper. Requestors should
generally only submit Form I-936 for the benefit request they intend to
submit within 30 days of waiver approval and include a separate Form I-
936 for any additional forms they may file concurrently or within the
same 30-day period.\138\ If a requestor includes multiple Forms I-936
seeking a waiver of forms that may be filed concurrently and USCIS
grants one waiver, USCIS will generally approve a waiver for the
additionally submitted Forms I-936. However, there may be instances in
which USCIS approves a waiver request for only certain forms. USCIS may
not approve all Forms I-936 received together if the requestor could
not reasonably and in good faith submit all of the forms for which a
Form I-936 is submitted within 30 days of a waiver approval. For
example, a requestor concurrently submitting a Form I-936 for Form I-
589, Application for Asylum and for Withholding of Removal, and a Form
I-936 for Form I-765, Application for Employment Authorization, would
likely result in only the Form I-589 waiver request being considered
because Form I-765 cannot be filed by the same person until the Form I-
589 has been pending at least 150 days. 8 CFR 274a.12(c)(8); 8 CFR
208.7(a)(1).
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\138\ See Instructions for Form I-936, Who May File Form I-936.
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Additionally, each individual seeking a waiver of the e-filing
requirement will be required to obtain his or her own waiver approval
notice. DHS considered allowing one Form I-936 to be submitted for more
than one requestor if the benefit requests would be filed
simultaneously and one is dependent on the other, such as Form I-485,
Application to Register Permanent Residence or Adjust Status, of a
child filed with Form I-485 of a parent or a Form I-485 filed by a
requestor with an underlying Form I-130, Petition for Alien Relative,
filed by a petitioning family member. However, this approach is
unnecessarily complex and introduces additional challenges into the
waiver process. For instance, USCIS would have to associate one
person's waiver approval with another person's subsequent filing. USCIS
notes the possibility that two different, though sometimes related,
adjudications of paper requests may be handled at different USCIS
offices. Requiring a waiver request for each filing ensures USCIS can
properly allocate resources to the expected volume of filings received
through an approved waiver.
Requiring separate waiver requests will further allow USCIS to
better track populations encountering difficulty with e-filing and
understand why the population is unable or unwilling to adopt e-filing.
While allowing dependent filings to be included in the same waiver
approval would provide convenience and efficiencies to the requestor at
the waiver stage, it may counter the operations or efficiencies of
USCIS this rule intends to accomplish in anticipating receipt volume of
paper filings and ensuring each filing received on paper includes an
associated waiver approval since dependents may not always be required
to submit their application at the same time as the principal
applicant. For example, a child of a conditional permanent resident may
have to file his or her own petition to remove conditions and may have
a different filing window than his or her parent.\139\
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\139\ See, e.g., 8 CFR 216.6(a)(1)(ii) (specifying a spouse and
each child of a conditional resident immigrant investor must submit
his or her own petition to remove conditions when they are not
included on the immigrant investor's petition to remove conditions).
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3. Fee Required To Waive e-Filing Requirement
DHS is establishing a fee for an e-filing waiver request. New 8 CFR
106.2(a)(64). The INA authorizes DHS to set fees for providing
adjudication and naturalization services at a level to ensure recovery
of the full costs of providing all such services. INA sec. 286(m), 8
U.S.C. 1356(m). Fees collected from individuals and entities filing
benefit requests are deposited into the Immigration Examinations Fee
Account (IEFA) and used to fund the cost of processing benefit
requests. 89 FR 6194, 6195 (Jan. 4, 2023). In addition, DHS complies
with the requirements and principles of the Chief Financial Officers
Act of 1990, 31 U.S.C. 901-03, (CFO Act), and Office of Management and
Budget (OMB) Circular A-25. USCIS reviews form fees deposited into the
IEFA biennially and, if necessary, proposes adjustments to ensure it
recovers the costs necessary to provide adequate service to requestors,
meet national security and public safety requirements, and achieve
adjudicative processing requirements. USCIS uses projected volume data
and completion rates (the average time for adjudication of an
immigration benefit request) to set the fees for specific immigration
benefit requests.
In the case of waiver requests, USCIS will need to expend resources
to adjudicate and process them, so DHS is setting a $25 fee for the
Form I-936, Request for Waiver of E-Filing Requirement. The cost-
recovery fee for Form I-936 cannot be determined at this time due to
lack of data for a substantially similar process. Therefore, DHS is
setting the fee at a small amount. Although it may not recover the full
cost of intake and adjudication of the proposed Form I-936, the fee
would provide some revenue to reduce the fiscal effects on USCIS. DHS
estimates the time burden and estimated number of annual Form I-936
waivers in both the E.O.s 12866 and 13563 and the Paperwork Reduction
Act sections of this rule. To recover at least some of the costs of
adjudicating Form I-936, avoid other fee payers having to fund the e-
filing waiver process entirely, encourage adoption of e-filing, and
potentially deter frivolous waiver filings, DHS is establishing a $25
fee for the waiver. See 8 CFR 106.2(a)(64).
USCIS will record data on the volume and adjudication time of e-
filing waiver requests after this rule takes effect. Accordingly, once
the e-filing waiver request process has been implemented and functional
for a sufficient period of time, USCIS will analyze receipt volumes and
the complexity of the reviews to determine if the fee is sufficient or
needs to be adjusted. DHS may adjust the fee to an amount necessary to
recover its relative costs in its next fee rule.
This rule provides that the fee for a Form I-936 may be waived for
certain filings identified in 8 CFR 106.3(a)(3)(iii). See 8 CFR
106.3(a)(3)(ii)(H). This includes self-petitioners seeking Violence
Against Women Act (VAWA) status, T nonimmigrant status, U nonimmigrant
status, status available to certain battered spouses, and Temporary
Protected Status (TPS), among others. The limited fee waiver is
provided because INA section 245(l)(7), 8 U.S.C. 1255(l)(7) requires
DHS to permit aliens to apply for a waiver of any fees associated with
filing an application for relief through final adjudication of the
adjustment of status for a VAWA self-petitioner and for relief under 8
U.S.C. 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2), and
1254a(a)(3) (as in effect on March 31, 1997). DHS considered but
[[Page 51947]]
decided to not permit fee waivers for a Form I-936 filed to waive e-
filing for forms where the ability to request a fee waiver is not
required by law.
4. Waiver Validity Period and Filing Date Preservation
An approved waiver request will be valid for the form type listed
in the approval notice for a period of 30 days, unless otherwise
specified in the waiver request approval notice. The 30-day validity
period applies only to initial filings.
For those requesting immigration benefits, the date a request is
receipted by USCIS may be important for a deadline or, in the case of
an oversubscribed benefit category, obtaining a priority date.
Requesting a waiver from e-filing will not effectively reserve a spot
in line for the intending requestor. USCIS considers a benefit request
received and will record the receipt date as of the actual date of
receipt at the location designated for filing such benefit. 8 CFR
103.2(a)(7). Since the waiver request is not a benefit request, its
receipt can provide no such benefit to the requestor. USCIS recognizes
requesting a waiver will require additional mailing and processing time
and requestors seeking a waiver of the e-filing requirement must
consider this timeframe when seeking a waiver.
Importantly, approval of a waiver request does not ensure USCIS
will accept the benefit request once received. Any benefit request
submitted on paper with an approved waiver must still meet all the
requirements for acceptance. USCIS may reject any benefit request not
consistent with the form instructions or regulations, such as missing a
required data element. 8 CFR 103.2(a)(1), (a)(7)(ii). If a requestor
seeks to resubmit a rejected benefit request for which he or she
received a waiver approval, USCIS must receive the resubmitted benefit
request within the same 30-day window of the waiver approval, or the
requestor must submit a new waiver request.
D. Related Rulemaking
This rule may impact several rulemaking efforts DHS is undertaking.
See DHS Spring 2025 Unified Agenda, https://www.reginfo.gov/public/do/eAgendaMain.
1. Freedom of Information Act (FOIA) Requests
DHS amended its regulations related to the procedures for
submitting Freedom of Information Act (FOIA) and Privacy Act of 1974
(PA)/Judicial Redress Act (JRA) requests to clarify requestors must
generally submit their FOIA requests and Privacy Act requests
electronically. 90 FR 59945 (Dec. 23, 2025). The rule generally
requires requestors to submit their FOIA requests and Privacy Act
requests electronically through the web portal at https://www.dhs.gov/foia or other acceptable Federal Government or DHS Component websites.
USCIS no longer accepts hard copy (mail) or emailed FOIA or Privacy Act
requests for USCIS records.\140\ Individuals submitting requests to
USCIS must make their request online at first.uscis.gov after creating
a USCIS account. Upon request, DHS FOIA public liaisons may facilitate,
in limited circumstances (e.g., incarceration), an alternative method
to submit requests for requestors who are unable to submit electronic
requests. 90 FR 59945 (Dec. 23, 2025).
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\140\ USCIS, Request Records through the Freedom of Information
Act or Privacy Act, https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act (last updated
Jan. 27, 2026).
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DHS does not include FOIA requests or Privacy Act requests in this
mandatory e-filing rule. This rule allows requestors to seek a waiver
of the e-filing requirement by filing Form I-936 and obtaining approval
before being permitted to file an immigration benefit request on paper.
See Section IV.B of this preamble; see also 8 CFR 103.2(a)(1)(iii).
This pre-approval is important to allow USCIS to anticipate receipts of
paper-based immigration benefit requests, particularly where
adjudicative resources may be required to facilitate receipt of those
filings. USCIS handles FOIA requests differently than immigration
benefit requests. The USCIS Privacy Office receives and manages FOIA
and Privacy Act requests to ensure the request is proper and is routed
to the appropriate offices for response. Additionally, USCIS must
handle a FOIA request within specific timeframes to comply with
statutory requirements. 5 U.S.C. 552(a)(6). Because this rule focuses
solely on immigration benefit requests handled through USCIS intake
channels, DHS does not include FOIA or Privacy Act requests in this
rule. Any individual seeking to submit a FOIA or Privacy Act request
will continue to follow the instructions provided on the USCIS
website.\141\
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\141\ USCIS, Request Records through the Freedom of Information
Act or Privacy Act, https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act (last updated
Jan. 27, 2026).
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2. Naturalization Fee Rule
DHS plans to propose a rule to adjust the fees for Form N-400,
Application for Naturalization, and Form N-336, Request for a Hearing
on a Decision in Naturalization Proceedings Under Section 336, in the
USCIS Fee Schedule.\142\ DHS plans to propose fees for Form N-400 and
Form N-336 to recover the full costs associated with adjudicating these
forms according to the beneficiary-pays principle.
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\142\ See USCIS, Form G-1055, ``Fee Schedule,'' https://www.uscis.gov/g-1055 (Oct. 28, 2025 ed.).
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Because this rule will allow USCIS to mandate e-filing for forms
available at least 180 days and Form N-400 and Form N-336 have been
available for e-filing for at least 180 days, DHS may need to modify
the filing procedures contained in the proposed naturalization fee rule
after the comment period closes. DHS will not seek additional comments
on the proposed naturalization fee rule to modify filing procedures to
align with the requirements of this final rule.
E. Severability
DHS intends that this interim final rule be severable to the
maximum extent permitted by law. The rule contains several distinct
components, including:
The definition of ``e-file'' in 8 CFR 1.2;
The authority (and, separately, the process) for USCIS, in
its discretion, to require e-filing for certain forms, as provided in
in 8 CFR 103.2(a)(1)(ii);
The authority (and, separately, the process) for USCIS, in
its discretion, to waive mandatory e-filing on a case-by-case basis
upon request, in 8 CFR 103.2(a)(1)(iii);
The creation of Form I-936, Request for Waiver of E-Filing
Requirement, and, separately, associated fee provisions in 8 CFR
106.2(a)(64); and, among other provisions,
The limited availability of fee waivers for Form I-936 in
8 CFR 106.3(a)(3)(ii)(H) and (a)(3)(iii).
These elements are independently useful and are designed to
function even if one or more are held invalid or unenforceable. For
example, if a court were to set aside the $25 fee for Form I-936 or the
associated fee-waiver provisions in 8 CFR part 106, DHS intends that
the remaining provisions--including the authority to define ``e-file,''
the authority to require e-filing in appropriate circumstances, and the
authority to waive mandatory e-filing on a case-by-case basis--would
remain in effect to the extent permitted by law. Similarly, if a court
were to conclude that the waiver process in 8 CFR 103.2(a)(1)(iii)
requires modification, DHS intends that such a ruling would not disturb
the definition of ``e-file'' or
[[Page 51948]]
the general authority for USCIS to mandate e-filing pursuant to 8 CFR
103.2(a)(1)(ii), unless the court expressly provides otherwise.
DHS also intends that this rulemaking, which establishes the
general regulatory framework for e-filing and waivers, be severable
from any future, form-specific determinations to require e-filing for a
particular benefit type. Under this rule, the decision whether to
mandate e-filing for any particular form, category, or benefit type
will be made separately by USCIS pursuant to 8 CFR 103.2(a)(1)(ii) and
announced in a future notice. Any judicial determination regarding the
application of mandatory e-filing to a specific benefit request, or to
a specific form or category, would not disturb the validity of this
rule's general framework--including the definition of ``e-file,'' the
authority to require e-filing in appropriate circumstances, and the
waiver and fee provisions--unless a court expressly provides otherwise.
V. Statutory and Regulatory Requirements
A. Administrative Procedure Act (APA)
The APA requires DHS to provide public notice and seek public
comment on substantive regulations. See 5 U.S.C. 553. The APA, however,
provides limited exceptions to this requirement for notice and public
comment, including for ``rules of agency organization, procedure, or
practice.'' 5 U.S.C. 553(b)(A). This final rule addresses requirements
that are procedural in nature and does not alter the substantive rights
of individuals. In this IFR, DHS authorizes USCIS to establish
requirements for submitting a benefit request and when a request can no
longer be submitted in physical, paper form. These changes to USCIS
filing procedures do not alter a substantive right because requestors
do not possess a substantive right to file a paper form to request
immigration benefits. That a requestor must possess, obtain, or find
the tools and technology to file online beyond what is required to
complete a form by hand and mail it, does not mean the rule is not
procedural. See, e.g., James V. Hurson Associates, Inc. v. Glickman,
229 F.3d 277 (D.C. Cir. 2000) (holding that even if the rule did impose
a substantial burden, that burden would not convert the rule into a
substantive one that triggers the APA's notice-and-comment
requirement). Accordingly, this rule relates to agency procedure and
practice (5 U.S.C. 553(b)(A)) and advance notice and comment is
unnecessary. DHS nevertheless invites comments on this IFR and will
consider all timely comments submitted during the public comment period
as described in the ADDRESSES and I. Public Participation sections of
this rule.
The APA also provides that the publication or service of a
substantive rule ``shall be made not less than 30 days before its
effective date, except . . . as otherwise provided by the agency for
good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
Because this rule is procedural rather than substantive, the
requirement for a 30-day delay does not apply. Even if the rule were
substantive, DHS would for good cause find that a 30-day delay is
unnecessary, in light of the rule's requirement that USCIS observe at
least a 60-day delay before requiring e-filing for any form. Regardless
of the effective date of the changes to 8 CFR part 103 codified in this
rule, the changes will have no practical effect until Form I-936 is
approved by OMB and USCIS issues a notice that a form or forms must be
e-filed no earlier than 60 days in the future.
B. Executive Orders 12866 (Regulatory Planning and Review), 13563
(Improving Regulation and Regulatory Review), and 14192 (Unleashing
Prosperity Through Deregulation)
Executive Orders (E.O.) 12866 (Regulatory Planning and Review) and
13563 (Improving Regulation and Regulatory Review) direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits. E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. E.O. 14192 (Unleashing Prosperity
Through Deregulation) directs agencies to significantly reduce the
private expenditures required to comply with Federal regulations and
provides that ``any new incremental costs associated with new
regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations.''
The Office of Management and Budget (OMB) has designated this rule
a ``significant regulatory action'' that is economically significant,
under section 3(f)(1) of E.O. 12866. Accordingly, the rule has been
reviewed by OMB.
This rule is not an E.O. 14192 regulatory action, which does not
apply to regulatory actions issued with respect to immigration-related
functions of the United States. The primary purpose of this rule is to
implement and administer statutory authorities governing the filing and
processing of immigration benefit requests and related procedures for
aliens. Because the rule pertains to the Federal Government's
performance of immigration functions with respect to aliens, it falls
within the exemption described in OMB guidance. See OMB Memorandum M-
25-20, ``Guidance Implementing Section 3 of E.O. 14192, titled
`Unleashing Prosperity Through Deregulation''' (Mar. 26, 2025).
1. Summary
This rule amends DHS regulations to permit USCIS to require e-
filing for any benefit request USCIS has made available for e-filing
for at least 180 days. These changes will increase efficiency, promote
the integrity of the immigration system, and reduce operational waste
attributable to the submission and maintenance of paper benefit
requests. This rule will also speed up USCIS' transition to a fully
electronic filing process, realize cost savings, and position USCIS to
decrease its reliance on the U.S. Department of the Treasury's physical
lockbox services.
For the 10-year implementation period of the rule (FY 2027 through
FY 2036), DHS estimates that annual cost savings to immigration benefit
requestors will be about $533 million. These savings result from no
longer filing paper-based benefit requests, avoiding the need to re-
file rejected paper forms, and reducing the time burden associated with
paper filing. DHS also estimates that requestors will incur about $15
million annually in new costs related to the waiver of e-filing
requirement form, including the opportunity cost of the time needed to
complete the form, e-filing waiver form fee, and mailing expenses. On
net, the rule is expected to generate approximately $518 million in
annual cost savings to requestors.
In addition to these cost impacts, the rule generates annual
transfers between the government and requestors. On an annual basis,
DHS estimates that an e-filing fee discount will transfer about $140
million from the government to requestors.
Over the FY 2027-2036 implementation period, DHS estimates total
undiscounted net cost savings of about $5,181 million and undiscounted
net transfers of about $1,400 million (from the government to
requestors). With a 3-percent discount rate, the 10-year net cost
savings are approximately $4,420 million and net transfers are
approximately $1,194 million. With a 7-percent discount rate, the 10-
year net cost savings are approximately $3,639
[[Page 51949]]
million and transfers are approximately $983 million. These totals are
equivalent to annualized net cost savings of about $518 million and
annualized transfers of about $140 million at both the 3- and 7-percent
discount rates.
DHS anticipates that some filers may experience unquantifiable
costs to switch to e-filing that are not fully captured in the
quantified estimates. Although e-filing is expected to reduce filing
time and other burdens on average, individual outcomes will vary based
on the requestor's circumstances, prior investments in paper-based
processes, and familiarity with online systems. Organizations with
established paper-based software and workflows may see smaller time
savings and incur one time transition costs to learn the new process,
update procedures, train staff, and modify tools. These burdens can
include search and evaluation costs, transfer costs, and learning
costs, and that their magnitude differs across filers. In addition,
current e-filing constraints and preferences for paper packages,
particularly in complex cases, may increase perceived risk and require
extra effort to build confidence in online submissions. Because these
costs are heterogeneous and difficult to measure, DHS has not
quantified them.
DHS expects mandatory e-filing to generate substantial qualitative
cost savings and operational benefits for both requestors and the
Federal Government. For requestors, e-filing reduces preventable errors
and adjudication delays, lowering the time and indirect costs of
waiting to work, travel, or change status and reducing the risk of
losing eligibility due to rejected or incomplete paper submissions. DHS
believes e-filing will deliver non-monetary benefits by making the
process faster, easier to use, more secure, and more transparent. For
USCIS, e-filing is expected to significantly streamline operations,
reduce the ongoing costs and risks of paper-based processing, and
improve data quality, coordination, and security across the immigration
system. While DHS will incur some information technology and
operational expenses to maintain these systems and support users, these
costs are modest relative to the long-term efficiencies and benefits
gained.
BILLING CODE 9111-97-P
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[[Page 51951]]
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[[Page 51952]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.012
In addition to the impacts summarized in Table 10, and as required
by OMB Circular A-4, DHS presents the accounting statement showing the
anticipated costs, benefits, and transfers associated with this
regulation.\143\
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\143\ OMB, Circular A-4, ``Regulatory Analysis,'' p. 44 (Sep.
17, 2003), https://trumpwhitehouse.archives.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf.
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[[Page 51955]]
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BILLING CODE 9111-97-C
2. Background and Purpose of the Rule
DHS seeks to modernize USCIS operations by shifting from using
paper forms to using e-filing for all benefit requests. USCIS currently
encourages people to file online but does not require them to do so.
For submissions received on paper forms, the agency digitizes the paper
benefit requests upon receiving them. This process is duplicative and
costly as it requires manual receipting paper forms, as well as
scanning and entering information into the digital systems. DHS defines
``e-file'' as submission of a benefit request, supporting evidence,
documents, notices, and communication electronically in any manner made
available and approved by USCIS, including by completing the form
online, in a web portal, electronic interface, or by uploading a PDF of
the completed form through an approved online account.
To reduce the inefficiencies arising from using paper forms and
ultimately transition to a fully electronic environment, USCIS wants to
develop initiatives allowing it to move away from systems that permit
online submission of one form while requiring related or ancillary
forms to be filed on paper. Mandating e-filing would allow USCIS to
eliminate paper dependent systems, centralize processes, and expand
automated functions for all benefit requests. These benefits would
reduce labor costs and adjudication times by eliminating inefficient
processes. Digital solutions would also enhance security, adjudicative
integrity, and applicant services on an agency-wide basis. Moreover,
consistent with the requirements to follow form instructions regarding
signatures and required data elements, DHS is making procedural and
technical amendments to 8 CFR 103.2(a)(1)(i) by restating in plainer
language that requests must be completed as required by form
instructions. USCIS ensures that form instructions are consistent with
statutory and regulatory criteria. Clarifying the regulatory text in
this manner will not change the effect of form instructions or result
in fewer or more requests being rejected.
For these reasons, moving to a fully electronic environment would
enhance the mission, service, and stewardship of USCIS.
The costs and benefits of this rule would focus on requestors
applying for benefits using the USCIS forms that would be subject to
mandatory e-filing as well as costs and benefits to USCIS. DHS bases
the estimation of the number of affected requestors on the number of
requestors who filed for benefit requests from FY 2016 to FY 2025 using
various USCIS forms.\144\
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\144\ Of the total over 100 currently available USCIS forms, 22
forms are available for e-filing, through guided online filing or
PDFi.
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3. Baseline and Population
This rule would affect requestors applying for immigration benefits
using the USCIS forms available for e-filing. The estimated population
affected by the rule is based on the total number of forms filed for
immigration benefits in FY 2016 to FY 2025. In estimating the impacts
of this rule, DHS uses a no-action baseline that reflects the current
state of the world under existing regulations and filing practices, in
which applicants and petitioners may submit benefit requests either
electronically or on paper, depending on form eligibility and filer
preference. Absent this rule, DHS would continue to accept and process
paper filings, and e-filing would remain voluntary where available. DHS
estimates the impacts of the rule as the differences between outcomes
under the rule and a no-action baseline, which reflects what would
occur in the absence of the rule. This comparison shows how the rule
changes costs, benefits, and transfers. Under the baseline, some
requestors voluntarily submit electronically while others file on
paper; under this rule, USCIS may require requestors to e-file a
benefit request, while providing requestors an opportunity to seek a
waiver of the e-filing requirement. The analysis measures the
incremental effects rather than changes that would occur regardless of
regulatory action.
Consistent with the no-action baseline, this analysis uses
historical receipt data to reflect observed filing behavior under
current regulations. Because e-filing is currently voluntary, past
receipt volumes by filing channel provide the best evidence of filer
choices absent regulatory change. Table 11 summarizes all USCIS
application receipt volumes for the past 10 fiscal years (FY 2016-FY
2025), separated into paper and electronic submissions, and serves as
the basis for estimating baseline filing patterns and identifying the
population newly affected by the e-filing mandate.
Table 11 shows a clear shift from paper filing to e-filing over the
period FY 2016-FY 2025. Paper filings remain the dominant channel but
have declined from 91 percent of receipts in FY 2016 to 57 percent in
FY 2025, while e-filing rose from 9 percent to 43 percent over the same
period. USCIS annual receipts rose from approximately 9 million in FY
2016 to a peak of 15.8 million in FY 2024, with a dip in FY 2020
consistent with pandemic effects. A pronounced
[[Page 51956]]
jump between FY 2022 and FY 2023 mostly driven by spikes in receipts
for Forms I-134A, I-589, I-765, and I-821.\145\ Use of PDFi emerges
only in FY 2024 and FY 2025 and remains well under 1 percent of total
receipts. These trends indicate that, under the no action baseline, e-
filing adoption is increasing but a substantial majority of requestors
still use paper. A mandate would primarily affect this persistent
paper-filing population.
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\145\ Form I-134A, Online Request to be a Supporter and
Declaration of Financial Support. USCIS has paused acceptance of
this form since January 2025. Form I-589, Application for Asylum and
for Withholding of Removal. Form I-765, Application for Employment
Authorization. Form I-821, Application for Temporary Protected
Status.
[GRAPHIC] [TIFF OMITTED] TR11AU26.016
DHS uses estimates derived from the historical data in Table 11 for
the 10-year period from FY 2016 through FY 2025 to estimate the
baseline affected population. In Table 12, DHS estimates the historical
10-year average of total receipts for each benefit request and uses it
as the projected annual receipts. We do this for all benefit requests
currently available for e-filing, either through guided online filing
or PDFi, during this analysis period. DHS uses a 10-year historical
average because the most recent three years contain significant,
atypical spikes in filing volumes driven by specific, non-recurring
policy changes. Relying mostly on those recent years would overestimate
future demand for immigration benefits. Using a 10-year period smooths
these policy-driven fluctuations and provides a more stable and
representative estimate of the affected population.
Once mandatory e-filing takes effect, requestors filing immigration
benefit requests will be affected to the extent they are required to
submit their requests electronically rather than by submitting papers.
To estimate the number of requestors required to switch from paper to
e-filing, DHS uses as the no-action baseline the most recent complete
fiscal year (FY 2025) percentage of paper filings. Table 12 shows that
the estimated affected population of the rule is approximately 6
million petitioners annually. To estimate the economic impacts of this
rule, DHS projects the affected population over the 10-year period
beginning in FY 2027.
Additionally, there are approximately 1.2 million annual receipts
associated with benefit requests that are not yet available for e-
filing. These benefit requests would become subject to the e-filing
requirement, and the associated waiver and fee provisions established
by this rule, only after USCIS makes them available for electronic
submission and they have been available for at least 180 days. As of
this rulemaking, USCIS has not made public an implementation schedule
to extend e-filing capability to these remaining benefit requests. Any
associated impacts, including potential costs savings, additional
costs, and transfers, on these benefit requests are not included in the
quantified benefits and costs presented in this analysis.
This rule provides a process to request a waiver of the e-filing
requirement. This waiver process ensures DHS complies with the 21st
Century IDEA Act, Public Law 115-336, sec. (4)(e) (Dec. 20, 2018),
which requires each executive agency to maintain an accessible method
of completing digital services through in-person, paper-based, or other
means, such that individuals without the ability to use digital
services are not deprived of or impeded in access to those digital
services. DHS estimates that, among the total projected annual number
of requestors who would be affected by the mandatory e-filing
requirements, 4 percent of the requestors would apply for a waiver
using new USCIS Form I-936.
In October 2025, USCIS implemented mandatory online payment for
filing fees through either an Automated Clearing House (ACH) or credit
card payment, approximately 96 percent of filers complied with the
requirements by December 2025 and approximately 99 percent by February
2026.\146\ While
[[Page 51957]]
electronic payment and e-filing impose different technical
requirements, both policies involve transitioning from legacy
compliance mechanisms to electronic processing system. Therefore, DHS
uses observed initial non-compliance rate (4 percent) from mandatory
online payment as a reasonable and conservative proxy for estimating
the percentage of requestors who may seek a waiver from mandatory e-
filing. DHS uses the 96 percent compliance rate, rather than 99
percent, as a conservative estimate. This implies a higher waiver
filing, which is likely to overstate the number of waivers filed and
avoids overstating the benefits of the transition to e-filing. Table 12
reflects the percentage of the waiver population, and the estimated
affected population is calculated using 96 percent compliance rate. DHS
estimates that the annual projected population of requestors who would
apply for a waiver would be 248,905 for the forms currently available
electronically.\147\ For consistency in the analysis, DHS assumes that,
excluding the population that may seek a waiver, the affected
population has internet access and is able to e-file forms.
---------------------------------------------------------------------------
\146\ Source: USCIS Office of Intake and Document Production
internal receipt data (February 2026).
\147\ Calculation: 5,973,727 x (100/96) x 0.04 = 248,905. DHS
multiplies by 100/96 because 5,973,727 represents 96% of the total
affected population. Multiplying by 100/96 converts this 96% value
back to the full 100% total population, and then multiplying by 0.04
takes 4% of that total, which equals 248,905.
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BILLING CODE 9111-97-P
[[Page 51958]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.017
BILLING CODE 9111-97-C
4. Economic Impact
a. Quantifiable Impact
Cost Savings
Compared to the no-action baseline, this rule will result in cost
savings to requestors from not filing paper-based benefit requests, not
having to re-submit paper forms rejected due to filing deficiencies or
missing information, and time burden cost savings to requestors. This
rule will result in cost savings from not sending a package containing
paper-based benefit request forms via mail couriers to USCIS for
processing. DHS estimates that each requestor would save an average of
$11.95 in postage costs from not submitting the paper-based package to
USCIS.\148\ DHS applies the averagemailing cost per package to the
annual affected population of 5,973,727 filings (Table 12) to estimate
approximately $71 million in annual cost savings from no longer mailing
packages containing paper-based benefit requests.
---------------------------------------------------------------------------
\148\ Most USCIS paper submissions include multiple pages,
supporting documents, are larger than standard envelopes, and often
weigh over 1 oz. Filers also commonly choose tracking, delivery
confirmation, and faster deliver. Priority mail could be a good
proxy between first class mail and express mail. See https://www.usps.com/ship/priority-mail.htm#flatrate for the priority mail
flat rate (last visited Jan. 29, 2026).
---------------------------------------------------------------------------
This rule will also result in cost savings from not having to re-
file paper-based forms that are ultimately rejected due to filing
deficiencies, such as
[[Page 51959]]
submitting an incorrect fee amount, lack of signature, use of outdated
benefit request forms, or submission of benefit requests not executed
or missing required data elements. DHS estimates that in the current
filing system, on average, 1,005,297 paper-based benefit requests are
rejected annually.\149\ Paper-based benefit requests would then need to
be re-filed after correcting the filing deficiencies. Mandating e-
filing via PDFi would not eliminate the need to refile because USCIS
still reviews PDFi submissions at intake and may reject them if they do
not meet defined acceptance criteria. Therefore, not all the 1,005,297
paper-based benefit requests currently rejected for filing deficiencies
would result in cost savings. DHS estimates that, under mandatory e-
filing, 996,523 of these rejected requests \150\ would no longer
require refiling because filers using the guided online filing
interface would be able to correct filing deficiencies immediately
before submission, rather than waiting for a rejection notice and
refiling their paper-based benefit requests. DHS estimates cost savings
from avoided re-filings of paper forms rejected due to filing
deficiencies or missing information by multiplying 996,523 avoided re-
filings by the averagemailing cost per package ($11.95), resulting in
approximately $12 million in savings.
---------------------------------------------------------------------------
\149\ Source: USCIS Office of Intake and Document Production
internal database, Total Intake Rejections in FY2025 data queried
January 2026.
\150\ Source: USCIS Office of Intake and Document Production
internal database, Total Intake Rejections by PDFi in FY2025 data
queried January 2026. Of the 1,005,297 paper-based filings currently
rejected for deficiencies, DHS estimates that 8,774 would still be
rejected even if filed via PDFi, due to issues that the system or
filer does not correct before submission.
---------------------------------------------------------------------------
Overall, DHS estimates that e-filing reduces the average time a
requestor requires to complete and submit a form compared to paper-
based filing. These estimates consider the time savings that guided e-
filing can achieve plus other efficiencies such as eliminating
printing, assembling, packaging, and mailing activities as well as
providing electronic features such as validation checks and automated
data entry.
Estimated time burden per response for guided workflow e-filing and
for PDFi filing differ. For example, guided workflow e-filing has
prompts that result in a more fluid flow through the information
collection process and may direct a respondent more quickly through
areas of an information collection where questions do not require a
response, whereas the PDFi filing requires the PDF version of the same
form used for paper filing, which must be completed and submitted as a
document upload. This lack of guided workflow limits the ability for
PDFi filers to realize the same potential savings as a guided workflow
filer.
Table 13 presents estimated time burden difference by filing
channel. DHS considers estimated time burden savings per filing as a
reduction in opportunity cost to requestors. The total time burden cost
savings are calculated as the product of the time saved per filing, the
number of filings shifting from paper to electronic, and compensation
rate.
[[Page 51960]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.018
BILLING CODE 9111-97-P
To estimate the opportunity cost of additional time burden savings,
DHS assumes four distinct types of requestors, differentiated by who
files the immigration benefits: individual, HR specialist, in-house
attorney, and outsourced attorney. Most forms are filed by individuals,
but employment-based immigration requests--such as Forms I-129, I-907,
I-140, and I-485J--are filed by employers such as HR specialists. DHS
assumes that requests submitted with a Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, are prepared by an
in-house attorney, or outside attorney, and that requests submitted
without a Form G-28 are submitted by individuals or HR specialists.
Table 14 shows the hourly total compensation for different types of
requestors based on their hourly mean wage rates and applicable
benefit-to-wage multipliers.
[[Page 51961]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.019
Table 15 presents the estimated annual cost savings from reduced
time burdens for benefit requestors who switch from paper filing to e-
filing. Because the value of time differs by requestor type, DHS
estimates these savings using different compensation rates depending on
whether the benefit request is filed directly by an individual/HR
specialist for employer or by an in-house attorney or outsourced
attorney acting on the requestor's behalf. By applying the appropriate
hourly compensation rates to the reduction in hours required to prepare
and submit forms electronically rather than on paper, DHS estimates
total annual cost savings of approximately $450 million from reduced
time burdens across all estimated affected population.
[[Page 51962]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.020
Table 16 summarizes total estimated annual cost savings to the
requestors from mandating e-filing, broken into three components that
added up to approximately $533 million.
[[Page 51963]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.021
BILLING CODE 9111-97-C
Costs
This rule allows requestors to request a waiver of the e-filing
requirement because of undue hardship. DHS is not defining the factors
that would qualify a requestor for a waiver, but such factors would
generally include geographical location, socioeconomic conditions, and
the availability of public technology resources. Requestors will submit
the request for a waiver using the newly created Form I-936. In
addition to demonstrating that e-filing would cause undue hardship,
requestors seeking a waiver would also incur the additional time and
cost associated with completing and submitting Form I-936.
DHS uses the observed waiver rate of 4 percent from the mandatory
online payment requirement as a reasonable and conservative proxy for
estimating the share of requestors who may qualify for an exemption
from mandatory e-filing. Applying this rate to the affected filing
population, DHS estimates that 248,905 requestors per year would apply
for a waiver for the forms currently available electronically, as
discussed in Section V.B.3. Baseline and Population. In this rule, DHS
is establishing a $25 filing fee for requestors submitting the Form I-
936 to request a waiver of the e-filing requirement. The fee is
collected to recover some of the costs of intake and review of the
waiver request, which will be discussed separately in section V.B.4.c.
of the preamble, Costs, Cost Savings, and Benefits to the Federal
Government. DHS estimates that approximately 4 percent of the affected
population will submit a waiver request.\151\ Among those requestors,
DHS estimates that 6 percent will request a fee waiver using Form I-
912, Request for Fee Waiver, and therefore will not pay the $25
fee.\152\ As a result, DHS estimates that 94 percent of waiver filers
will remit the fee, producing approximately $6 million in annual fee
payments.\153\ This amount represents an annual cost to the requestors
seeking a waiver of the e-filing requirement.
---------------------------------------------------------------------------
\151\ DHS notes that when USCIS prohibited payment of filing
fees using checks or money orders, about 96 percent of requestors
successfully paid using the automated clearing house or credit card
payment form. This is the most recent and only empirical estimate
reflecting the share of requestors who were unable or unwilling to
comply with a prior transition from legacy payment methods to a new
system. For mandatory e-filing DHS treats this 4 percent waiver rate
as a reasonable, conservative estimate of how many requestors may
need exemptions from a future mandatory e-filing requirement.
Discussed in section V.B.3.
\152\ USCIS Office of Performance and Quality, METRICSMART, NPD,
C3, ELIS PAER#20271 queried January 2026.
\153\ Calculation: Affected population from Section V.3
(248,905) x 0.94 x $25 = $5,849,275.
---------------------------------------------------------------------------
The cost to requestors seeking a waiver consists of the opportunity
cost of the time burden required to complete Form I-936 and the postage
cost to mail the completed form. Using the hourly compensation rate for
individuals of $47.36 from Table 14 and estimated time burden of 30
minutes (0.5 hours) to complete Form I-936, DHS estimates an
opportunity cost of approximately $6 million per year. DHS further
estimates postage costs of about $3 million per year for mailing the
waiver requests.\154\ In total, the annual cost to waiver requestors is
therefore approximately $15 million.
---------------------------------------------------------------------------
\154\ Opportunity cost of time burden to file waiver form=
$47.36 x 248,905 x 0.5 = $5,893,704. Postage costs= $11.95 x 248,905
= $2,974,415.
---------------------------------------------------------------------------
DHS also quantifies a cost to requestors who would have preferred
to continue filing by paper in the absence of this rule. When both
paper and e-filing options were available and electronic filers
received a $50 discount, some requestors nonetheless chose to file by
paper, thereby forgoing the $50 discount. For requestors who were aware
of and could access both options at the time of filing, this behavior
indicates that the value they place on the familiar paper process and
related non-monetary benefits is at least $50 per filing. DHS
recognizes that not all requestors had this choice clearly presented or
practically available at the time of filing, and their costs may not be
fully reflected in this amount. Moreover, DHS cannot reliably estimate
which requestors had the e-filing option and discount effectively
presented to them and therefore cannot aggregate this cost across the
affected population. Under this rule, requestors who would have
preferred paper filing and cannot establish eligibility for a waiver of
the e-filing requirement will no longer have the option to file a paper
benefit request and will be required to file electronically, which will
result in the loss. Therefore, DHS treats $50 as a conservative
estimate of the per-filing cost imposed by mandatory electronic filing
for those with a meaningful choice between paper and electronic filing.
Transfers
DHS currently provides a $50 fee reduction for eligible forms e-
filed. Although the amount of the discount reflects the fact that e-
filing results in lower agency resource costs, the fee adjustment
itself represents a transfer rather than cost savings to society. The
reduction decreases the payment made by requestors while
correspondingly decreasing fee revenue to USCIS. Because this change
reflects a redistribution of payment rather than a change in the total
use of economic resources, DHS treats the $50 e-filing fee discount as
a transfer from the government to requestors. Table 17 shows the
estimated annual transfer of approximately $140 million. Cost savings
and benefits to USCIS associated with mandating e-filing are discussed
greater in detail in Section V.B.4.c. Costs, Cost Savings, and Benefits
to the Federal Government.
BILLING CODE 9111-97-P
[[Page 51964]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.022
BILLING CODE 9111-97-C
b. Unquantifiable Impact
This rule defines ``e-file'' to mean submission of a benefit
request, supporting evidence, documents, notices, and communication
electronically in any manner made available and approved by USCIS,
including by completing the form online, in a web portal, electronic
interface, or by uploading a PDF of the completed form through an
approved online account. Defining and using the term ``e-file'' is not
expected to have an economic impact, but it will make this rule, as
well as future rules, clearer and will simplify drafting for websites,
guidance, and communications by avoiding the repetitive use of multiple
words to describe our intent. USCIS currently allows requestors to
submit a benefit request through a guided online filing experience or
by uploading a PDF of the benefit request online at https://my.uscis.gov. DHS defines e-file to account for the electronic filing
methods currently available and to remain flexible enough to account
for any future or additional types of e-filing USCIS may develop.
E-filing will reduce the burden on requestors by lowering the
likelihood of adjudication delays caused by preventable errors. This,
in turn, can reduce the time and indirect costs associated with waiting
to work, travel, or change status. In addition, e-filing decreases the
risk that requestors will lose eligibility for an immigration benefit
because of missed deadlines stemming from rejected or incomplete paper
submissions.
E-filing will also provide non-monetary benefits to requestors.
Nearly real-time submission, confirmation, and status updates give
requestors faster feedback and greater transparency into the progress
of their cases. In addition, guided online filing, including prompted
evidence categories and real-time error checks, makes it easier for
requestors to correctly complete applications on the first attempt.
Improvements in fraud detection and national security also provide
non-monetary benefits to requestors and the public. As explained more
fully later, digital records support analytics, pattern detection,
fraud analysis, and vetting and background checks to strengthen fraud
prevention and national security screening. Stronger screening and
analytic tools help prevent identity fraud and misuse of requestor
personal information, lowering the risk that fraudulent activity of
someone else will delay or complicate a legitimate case. More effective
detection of fraudulent
[[Page 51965]]
filings can reduce overall system backlogs, allowing bona fide
applications to be processed more efficiently. These enhancements
increase the integrity and fairness of the immigration system, giving
requestors greater confidence that their cases are evaluated accurately
and that benefits are granted to eligible individuals.
There may be additional costs to some requestors associated with
mandatory e-filing that are difficult to quantify. While DHS estimates
that e-filing reduces filing time burden and other costs on average,
individual experiences may differ depending on their circumstances,
filing practices, and familiarity with e-filing. The continued use of
paper filing over the past several years suggests that some requestors
may perceive costs or disadvantages associated with e-filing that are
not readily captured in the quantitative costs. Research on online
services indicates that such perceived costs can include uncertainty
about how a new channel will perform relative to an established
process, and the time and effort required to change established
practices and learn a new system.\155\ DHS therefore recognizes that
the monetized estimate presented in this analysis may not fully reflect
all costs experienced by individual requestors.
---------------------------------------------------------------------------
\155\ Ray, Kim, and Morris, Online Users' Switching Costs: Their
Nature and Formation. Vol. 23 Information Systems Research. PP. 197-
213 (2012).
---------------------------------------------------------------------------
One potential source of uncertainty is that the estimated time
savings from e-filing represent average effects across the filing
population. Although DHS expects e-filing to reduce filing time burden
overall, some requestors may not experience the same reduction. For
example, organizations that have developed internal software or
established workflows for preparing paper filings may realize smaller
time savings than estimated, because they have already invested in
processes that make paper filing relatively efficient for their
specific circumstances. Similarly, individual experiences may vary
depending on the complexity of the filing, the extent of prior
investments in paper-based procedures, or familiarity with the e-filing
system.
Some requestors may also incur one time switching costs associated
with adopting e-filing. These costs may include learning a new filing
process, updating internal procedures, training staff, or modifying
existing software or workflows. These switching costs can include
search and evaluation costs associated with understanding new
requirements, transfer costs associated with reconfiguring existing
processes and tools, and learning costs associated with gaining
proficiency with the electronic system. The magnitude of these
transition costs is expected to vary substantially across filers and is
difficult to quantify. For many requestors, these costs may be
temporary and offset over time by the recurring efficiencies associated
with e-filing, while for others they may represent a more significant
barrier to adoption.
In addition, some requestors have identified practical limitations
of the current e-filing system, such as file size restrictions,
limitations on submitting related forms together, and a preference for
maintaining paper filing packages. Some requestors may also perceive
greater confidence or control when assembling and submitting paper
filings, particularly for complex cases involving extensive supporting
documentation. Research on electronic tax filing adoption indicates
that perceived risk and trust in the electronic provider are important
determinants of willingness to use online systems, suggesting that some
requestors may incur additional, non-monetized effort to gain
confidence in the reliability, completeness, and security of electronic
submissions.\156\ These factors represent non monetized switching costs
associated with transitioning from paper to e-, even with up to eight
months implementation period provided before e-filing becomes
mandatory. Although USCIS continues to improve its e-filing system,
these considerations may affect some requestors' filing preferences and
are difficult to monetize.
---------------------------------------------------------------------------
\156\ Schaupp, Carter, and McBride, E-file adoption: A study of
U.S. taxpayers' intentions, Vol. 26, Computers in Human Behavior pp.
636-644 (2010).
---------------------------------------------------------------------------
DHS recognizes that these factors may result in costs for some
requestors that are not fully reflected in the quantified estimates
presented in this analysis. Because the nature and magnitude of these
costs vary across requestors and cannot be reliably measured, DHS has
not quantified them. DHS welcomes public comment on the nature,
magnitude, and duration of these potential switching costs and other
unquantified costs associated with mandatory e-filing.
This rule may also indirectly affect nonprofit organizations,
community-based organizations, legal service providers, refugee
resettlement agencies, local libraries, and other entities that assist
individuals in preparing and submitting immigration benefit requests.
These organizations may see increased demand for technical assistance
as individuals unfamiliar with electronic filing seek help creating
online accounts, navigating the electronic filing system, uploading
supporting documentation, and completing electronic submissions. Where
such assistance is provided without additional compensation, these
entities may face higher staff time or resource demands during the
transition to mandatory e-filing. At the same time, e-filing may lessen
administrative burdens associated with paper applications, such as
printing, copying, mailing, and maintaining physical records, which
could improve operational efficiency over time. DHS requests public
comments on the potential indirect impacts of mandatory e-filing on
these organizations that assist applicants and petitioners in preparing
or submitting benefit requests.
c. Costs, Cost Savings, and Benefits to the Federal Government
DHS anticipates that this rule would result in a reduction in
paper-based processing and generate cost savings and operational
efficiencies for USCIS. As discussed in preamble, the USCIS Lockbox
network currently receives, opens, sorts, and scans millions of paper
benefit requests and associated payments each year. These activities
are labor-intensive and time-consuming. In FY 2025, USCIS incurred
$395,991,902 in lockbox costs. These costs include labor, facilities,
technology, and postage. Of this total, $253,244,458 represents labor
costs associated with lockbox intake operations.\157\ These labor costs
are attributable to the manual intake of paper filings (e.g.,
extracting mail, sorting, scanning, keying data, performing quality
control, and preparing shipments). When the rule is in effect, if USCIS
can reduce or eliminate these manual steps through e-filing, DHS
estimates that USCIS would avoid approximately $220 million per year in
labor expenditures currently devoted to paper intake.\158\
---------------------------------------------------------------------------
\157\ See Section III.B.3. Table 4 and Table 5.
\158\ From Table 12: Percentage of estimated paper filed
receipts is ((6,622,296 * (100/96))/10,785,100) * 100 = 64%
(rounded). Percentage of ineligible e-filing receipts is (675,593/
10,785,100) * 100 = 6% (rounded). Therefore, 64% - 6% = 58% of total
receipts can be switched to e-filing. Assuming $253,244,458 is labor
cost of 58% of paper receipts then the labor cost of 58% would be
$253,244,458 * (58/64) = $229,502,790. Applying 96% compliance rate,
the estimated annual labor cost saving is $229,502,790 * 0.96 = $220
million (rounded).
---------------------------------------------------------------------------
Paper-based operations impose substantial postage and shipping
costs. In FY2025, USCIS spent $10,864,781 on postage alone to support
paper-based processing. DHS estimates that mandatory e-filing would
reduce these postage costs by approximately $9.5
[[Page 51966]]
million annually.\159\ This is annual cost savings to USCIS from
mandating e-filing.
---------------------------------------------------------------------------
\159\ Same methodology as labor cost savings, $10,864,781 * (58/
64) = $9,846,208. Applying 96% compliance rate, the estimated annual
labor cost saving is $9,846,208 * 0.96 = $9.5 million (rounded)
---------------------------------------------------------------------------
USCIS expects mandatory e-filing to generate cost savings by
reducing reliance on paper A-Files and the infrastructure needed to
store and manage them. USCIS currently maintains about 58.6 million
active files across 142 facilities and 58 million retired A-Files with
NARA or commercial vendors, often for 50 years after retirement, and
processes over 800,000 retired-file retrievals annually. As more cases
are ``born'' digital, the growth of paper files, retrievals, and
associated handling, shipping, leasing, and long-term storage costs
will decline. E-filing also avoids future conversion costs triggered by
NARA's requirement that, beginning December 31, 2022, all transferred
records be electronic; records filed electronically now will not need
later digitization at retirement.
E-filing is further expected to reduce costs due to missing or
misplaced paper files and by physical file audits. In FY 2025, 86,384
files were reported missing or lost, requiring staff time to locate or
recreate them, delaying adjudications, and increasing the risk of
decisions made on incomplete records. Physical file audits, conducted
to verify the location of files held by USCIS and external partners,
also require labor intensive, manual inspection. By limiting the
creation and movement of paper files, electronic records reduce the
risk and cost of lost files and lessen the need for resource intensive
audits, improving overall efficiency and reducing operational expenses.
E-filing will reduce USCIS processing costs by lowering the volume
of avoidable rework. Fewer rejections for missing signatures, incorrect
form versions, incorrect fee amounts, and incomplete data will decrease
the number of filings that must be reviewed and handled more than once.
In addition, better-structured electronic forms and real-time
validation are expected to reduce the need for Requests for Evidence
and Notices of Intent to Deny, cutting the staff time required to
draft, issue, and process such notices.
E-filing will also provide operational benefits to USCIS. Direct
electronic intake improves data quality and standardization, which
supports more consistent, timely, and accurate adjudications. In
addition, reducing processing delays caused by avoidable filing errors
will help USCIS better manage case backlogs and meet established
service goals. Fully electronic records allow USCIS to redistribute
work across offices in real time without shipping paper files and to
give multiple offices simultaneous access to the same case. This
flexibility helps USCIS reduce delays caused by localized surges in
workload and improves the agency's ability to manage caseloads with its
existing workforce, lowering the operational cost per case.
Improvements in fraud detection and national security are primarily
non-monetary benefits to USCIS and DHS. Under a paper-based process,
fraud detection and national security vetting are constrained by
limited, selectively keyed data. E-filing and fully digital records
capture 100 percent of the information as structured data and support
cross-case and cross-system text analytics, pattern detection, faster
and broader fraud trend analysis, and continuous vetting and automated
background checks. These capabilities strengthen fraud prevention and
detection, enhance national security screening, and enable more
effective use of FDNS staff time.
Enhanced information sharing and litigation support will provide
operational benefits to USCIS, other DHS components, the Department of
State, and other government partners, with indirect benefits to courts
and requestors. Electronic records can be rapidly shared across
agencies and used simultaneously for adjudications, security reviews,
and litigation, eliminating delays tied to moving paper files. This
allows faster responses to security incidents and more timely,
efficient production of administrative records in litigation and other
oversight processes.
Improvements in data quality and integrity are benefits that accrue
to USCIS and partner agencies that rely on USCIS data. Online forms
enforce standardized formats and definitions and remove many
transcription errors that arise from manual data entry. As a result,
USCIS data become more accurate, consistent, and complete, supporting
better analytics, reporting, and decision support, and making it easier
to interoperate with other systems that consume or share immigration
data.
User experience and access to information improvements are benefits
for requestors and the public. Centralized myUSCIS accounts provide
requestors with consolidated access to their filing history, case
status, and notices, as well as real-time updates and communications.
Security and privacy enhancements are benefits primarily for
requestors, with risk reduction benefits for USCIS. Online accounts in
myUSCIS use two factor authentication and give requestors more
controlled and private access to their notices and personal information
than physical mail, which may be misdelivered or accessible in shared
mailboxes. This stronger protection of sensitive information is
especially important for vulnerable populations, such as victims of
crime or abuse, whose safety and wellbeing may depend on the
confidentiality of their immigration records.
Mandating e-filing requires USCIS to incur information technology
related resource costs. These costs arise from the operation and
support of systems necessary to receive, store, process, and adjudicate
electronic submissions. DHS expects costs associated with ensuring
compliance with accessibility standards, system testing, and
contingency planning to mitigate potential service disruptions or
system downtime. DHS also anticipates increased demand for use
assistance related to online account access, document uploads, and
system navigation requiring technical support resources. This rule
establishes a process for requesting a waiver from the e-filing
requirement, which will incur administrative costs to review exemption
requests, process associated documentation and adjudicate fee waiver
submissions related to the exemption form.
The INA provides for the collection of fees at a level that will
ensure recovery of the full costs of providing adjudication and
naturalization services by DHS, including administrative costs and
services provided without charge to certain applicants and petitioners.
INA sec. 286(m), 8 U.S.C. 1356(m). DHS generally establishes USCIS fees
according to the estimated cost of adjudication based on its relative
adjudication burden and use of USCIS resources.\160\ Fees are
established at an amount that is necessary to recover these assigned
costs, such as clerical, officer, and managerial salaries and benefits,
plus an amount to recover unassigned overhead and immigration benefits
provided without a fee charge.
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\160\ 81 FR 6194, 6287 (explaining that DHS follows OMB Circular
A-25 to the extent possible).
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DHS established the current fee for most of its forms in FY 2024
fee rule based on empirical cost estimates. Over time, the operational
efficiencies associated with increased e-filing may reduce USCIS
adjudication and intake costs. To the extent these savings are
sustained, they will be incorporated into
[[Page 51967]]
future fee reviews, potentially reducing the agency's overall cost
recovery requirement and slowing the growth in the future fee levels
relative to a paper-based operation.
Mandating e-filing may generate indirect impacts on local community
institutions, particularly public libraries, which often serve as
access points for individuals who lack reliable internet service or
computing resources. As requestors shift from paper-based to online
submission of immigration benefit requests, libraries may experience
increased demand for public computers, internet bandwidth, and printing
or scanning services, as well as additional staff time devoted to
assisting patrons with basic digital navigation and document
preparation. These effects represent a shift in resource utilization
from immigration benefit requestors to locally funded institutions and
may disproportionately affect communities with higher concentrations of
digitally underserved or immigrant populations. Although these impacts
are difficult to quantify due to data limitations, they are not
expected to be substantial.
5. Alternatives Considered
Under this rule, USCIS may require e-filing for any benefit request
that has been available for e-filing for at least 180 days. DHS also
considered an alternative under which mandatory e-filing would begin
only after a form reached a specified threshold of voluntary e-filings.
DHS determined that tying a mandate to an e-filing adoption threshold
is less appropriate than using a time-based threshold with advance
notice. A usage threshold approach would make the effective date of
mandatory e-filing unpredictable for requestors because the timing
would depend on when overall usage happens to cross a specified
percentage. This uncertainty would make it more difficult for USCIS to
plan internal resources and internal system changes. It is difficult to
determine an appropriate threshold in advance: a threshold that is too
low may provide little assurance about usability and access, while a
higher threshold could be unrealistic for certain forms or populations.
In addition, some forms serving specific populations with more reserved
adoption behavior might never reach the specified threshold,
effectively locking USCIS into maintaining dual paper and electronic
processes indefinitely, even where e-filing is operationally viable and
in the public interest.
However, the approach in this rule--allowing USCIS to mandate e-
filing only after a form has been available electronically for at least
180 days and providing advance public notice with a 60-day grace period
before the effective date--offers USCIS more control over the process.
It gives requestors a defined minimum period to adjust to the
availability of e-filing while preserving flexibility for USCIS to
consider system performance and other operational factors before making
e-filing mandatory. The mandate is also reversible should the affected
population stop filing the applicable request altogether following the
mandate.
DHS considered, but did not adopt, several alternative approaches
to the waiver of e-filing requirement, such as allowing requestors to
submit a waiver request together with the paper benefit request,
allowing waiver requests without a standardized form, or providing
waivers without a fee. DHS ultimately determined these alternatives are
not superior to the chosen approach of requiring a separate, pre-filed
waiver on a standardized newly created form with a fee.
Allowing requestors to submit a waiver request together with the
paper benefit request would undermine one of the main purposes of the
waiver process to give USCIS advance visibility into paper filing so
that it can plan the disruption to electronic intake. If waiver
requests arrived bundled with paper benefit requests, USCIS would still
need to review the waiver before accepting the filing, which could
increase rejection rates and create uncertainty for requestors about
whether their filings would be treated as properly received. Mailing
large request packages back to the requester would reduce themail
savings from this rule. By contrast, requiring a pre-approved waiver
before a paper filing is submitted provides clearer expectations for
requestors and allows USCIS to more accurately anticipate and manage
the volume of paper cases.
Similarly, not using a standardized waiver form would reduce the
efficiency and consistency of the process. A dedicated form ensures
that USCIS collects the specific information needed to evaluate
hardship claims in a uniform manner, supports more consistent
adjudication, and facilitates tracking of waiver volumes and outcomes
over time for program management and future fee reviews. Informal or
unstructured waiver requests would increase adjudication time, make it
more difficult to apply standards consistently, and complicate data
collection and oversight.
Finally, although DHS considered providing waivers without a fee, a
no-fee approach would shift the full cost of processing waiver requests
onto other fee-paying requestors and would not discourage frivolous or
speculative waiver filings. The $25 fee is designed to recover at least
part of the costs associated with intake of waiver requests, consistent
with DHS's cost-recovery authority, while still allowing fee waivers
for specified categories under existing regulations. DHS concluded that
this approach better balances access to a paper-filing option for those
who genuinely cannot comply with the e-filing requirement against the
need to avoid imposing the full cost of the waiver process on other
requestors and to discourage unnecessary waiver submissions.
6. Total Quantified Costs, Benefits, and Transfers
DHS estimates that requestors will experience total quantified cost
savings of approximately $533 million. These savings result from no
longer filing paper-based benefit requests, avoiding the need to re-
file rejected paper forms, and reducing the time burden associated with
paper filing. DHS also estimates that requestors will incur about $15
million in new costs related to the waiver of e-filing requirement
form, including the opportunity cost of the time needed to complete the
form and mailing expenses. On net, based on quantified impacts only,
the rule is expected to generate approximately $518 million in cost
savings to requestors.
In addition to these cost impacts, the rule generates transfers
between the government and requestors. DHS estimates that an e-filing
fee discount will transfer about $140 million from the government to
requestors. Table 18 summarizes the annual quantified economic impact
of the rule.
[[Page 51968]]
[GRAPHIC] [TIFF OMITTED] TR11AU26.023
Over the FY 2027-FY 2036 implementation period, Table 19 shows that
DHS estimates total undiscounted net cost savings of about $5,181
million and undiscounted net transfers of about $1,400 million (from
the government to requestors). When discounted at a 3-percent rate, the
10-year net cost savings are approximately $4,420 million and transfers
are approximately $1,194 million. When discounted at a 7-percent rate,
the 10-year net cost savings are approximately $3,639 million, and net
transfers are approximately $983 million. These totals are equivalent
to annualized net cost savings of about $518 million and annualized
transfers of about $140 million at both the 3- and 7-percent discount
rates.
[GRAPHIC] [TIFF OMITTED] TR11AU26.024
C. Regulatory Flexibility Act (Certification)
The Regulatory Flexibility Act of 1980 (RFA), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996, requires
Federal agencies to consider the potential impact of regulations on
small businesses, small governmental jurisdictions, and small
organizations during the development of their rules. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.\161\ An ``individual'' is not considered a small entity and
costs to an individual from a rule are not considered for RFA purposes.
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\161\ A small business is defined as any independently owned and
operated business not dominant in its field of operation that
qualifies as a small business per the Small Business Act, 15
U.S.C.632.
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The RFA's regulatory flexibility analysis requirements apply only
to those rules for which an agency is required to publish a general
notice of
[[Page 51969]]
proposed rulemaking pursuant to 5 U.S.C. 553 or any other law. See 5
U.S.C. 604(a). DHS did not issue a notice of proposed rulemaking for
this action. Accordingly, DHS is not required to either certify that
this IFR would not have a significant economic impact on a substantial
number of small entities nor conduct a regulatory flexibility analysis.
D. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA) is intended, among
other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and Tribal governments.\162\ Title II of UMRA
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a final rule that includes any
Federal mandate that may result in a $100 million or more expenditure
(adjusted annually for inflation) in any one year by State, local, and
Tribal governments, in the aggregate, or by the private sector. See 2
U.S.C. 1532(a). The inflation adjusted value of $100 million in 1995 is
approximately $206 million in 2024 based on the Consumer Price Index
for All Urban Consumers (CPI-U).\163\
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\162\ The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private sector mandate. See 2
U.S.C. 1502(1), 658(5), (6).
\163\ See DOL, BLS, Historical Consumer Price Index for All
Urban Consumers (CPI-U): U.S. city average, all items, by month,
Historical CPI-U, September 2025 (XLSX) (database), https://www.bls.gov/cpi/tables/supplemental-files/home.htm, (last updated
Jan. 13, 2026). Calculation of inflation percentage: (1) Calculate
the average monthly CPI-U for the reference year (1995) and the
current year (2024); (2) Subtract reference year CPI-U from current
year CPI-U; (3) Divide the difference of the reference year CPI-U
and current year CPI-U by the reference year CPI-U; (4) Multiply by
100 = [(Average monthly CPI-U for 2024 - Average monthly CPI-U for
1995) / (Average monthly CPI-U for 1995)] x 100 = [(313.689 -
152.383) / 152.383] = (161.306 / 152.383) = 1.059 x 100 = 105.86
percent = 106 percent (rounded).
Calculation of inflation-adjusted value: Convert 111% inflation
percentage to an inflation factor = 1 + 106/100 = 2.06. $100 million
in 1995 dollars x 2.06 = $206 million in 2024 dollars.
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The term ``Federal mandate'' means a Federal intergovernmental
mandate or a Federal private sector mandate. See 2 U.S.C. 1502(1),
658(6). The term ``Federal intergovernmental mandate'' means, in
relevant part, a provision that would impose an enforceable duty upon
State, local, or Tribal governments (except as a condition of Federal
assistance or a duty arising from participation in a voluntary Federal
program). 2 U.S.C. 658(5). The term ``Federal private sector mandate''
means, in relevant part, a provision that would impose an enforceable
duty upon the private sector except (except as a condition of Federal
assistance or a duty arising from participation in a voluntary Federal
program). See 2 U.S.C. 658(7).
This rule does not contain a Federal mandate as the term is defined
under UMRA because it does not impose any enforceable duty upon any
other level of government or private sector entity. Any downstream
effects on such entities would arise solely due to their voluntary
choices and would not be a consequence of an enforceable duty.
Similarly, any costs or transfer effects on State and local governments
would not result from a Federal mandate as that term is defined under
UMRA. See 2 U.S.C. 1502(1), 658(6). The requirements of title II of
UMRA, therefore, do not apply, and DHS has not prepared a statement
under UMRA.
E. Small Business Regulatory Enforcement Fairness Act of 1996
(Congressional Review Act)
The Congressional Review Act (CRA) was included as part of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) by
subtitle E of SBREFA, Public Law 104-121, title II, 110 Stat. 847, 868,
et seq. (Mar. 29, 1996). This IFR meets the criteria set forth in 5
U.S.C. 804(2) because it is likely to result in an annual effect on the
economy of $100 million or more. See 5 U.S.C. 804(2)(A). DHS has
complied with the CRA's reporting requirements and has sent this rule
to Congress and to the Comptroller General as required by 5 U.S.C.
801(a)(1). As stated in this preamble, DHS has found that there is good
cause to make this rule effective immediately upon publication because
notice and comment is not required. 5 U.S.C. 808(2).
F. Executive Order 13132 (Federalism)
This IFR would not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of E.O.
13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
G. Executive Order 12988 (Civil Justice Reform)
This IFR is drafted and reviewed in accordance with E.O. 12988,
Civil Justice Reform. This IFR was written to provide a clear legal
standard for affected conduct and was reviewed carefully to eliminate
drafting errors and ambiguities so as to minimize litigation and undue
burden on the Federal Court system. DHS has determined that this rule
meets the applicable standards provided in section 3 of E.O. 12988.
H. Family Assessment
DHS has reviewed this rule in line with the requirements of section
654 of the Treasury General Appropriations Act, 1999. See Public Law
105-277, 112 Stat. 2681 (1998). DHS has systematically reviewed the
criteria specified in section 654(c)(1), by evaluating whether this
regulatory action: (1) impacts the stability or safety of the family,
particularly in terms of marital commitment; (2) impacts the authority
of parents in the education, nurture, and supervision of their
children; (3) helps the family perform its functions; (4) affects
disposable income or poverty of families and children; (5) only
financially impacts families, if at all, to the extent such impacts are
justified; (6) may be carried out by State or local government or by
the family; or (7) establishes a policy concerning the relationship
between the behavior and personal responsibility of youth and the norms
of society. If the agency determines a regulation may negatively affect
family well-being, then the agency must provide an adequate rationale
for its implementation.
DHS has no data that indicate that this IFR will have any impacts
on disposable income or the poverty of certain families and children,
including U.S. citizen children. DHS acknowledges that this rule would
impose a new, small fee that some families must submit. However, the
IFR would provide USCIS and the Federal Government with funds that
would be used to administer the affected programs and meet the rule's
intent. However, a fee of $25 would have minute effect on the
disposable income for the affected families. DHS also determined that
this rule would not have any impact on the autonomy or integrity of the
family as an institution.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This IFR does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it will not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
[[Page 51970]]
J. National Environmental Policy Act (NEPA)
DHS and its components analyze proposed regulatory actions to
determine whether the National Environmental Policy Act (NEPA), 42
U.S.C. 4321 et seq., applies and, if so, what degree of analysis is
required. DHS Directive 023-01, Revision 01 ``Implementing the National
Environmental Policy Act'' and Instruction Manual 023-01-001-01,
Revision 01 (``Instruction Manual'') \164\ establish the policies and
procedures that DHS and its components use to comply with NEPA.
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\164\ The Instruction Manual contains DHS's procedures for
implementing NEPA and was issued on November 6, 2014, https://www.dhs.gov/ocrso/eed/epb/nepa (last updated July 29, 2025).
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NEPA allows Federal agencies to establish, in their NEPA
implementing procedures, categories of actions (``categorical
exclusions'') that experience has shown do not, individually or
cumulatively, have a significant effect on the human environment and,
therefore, do not require an environmental assessment or environmental
impact statement. See 42 U.S.C. 4336(a)(2) and 4336(e)(1). The
Instruction Manual, Appendix A lists the DHS Categorical
Exclusions.\165\
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\165\ See Instruction Manual, Appendix A, Table 1.
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Under DHS NEPA implementing procedures, for an action to be
categorically excluded, it must satisfy each of the following three
conditions: (1) The entire action clearly fits within one or more of
the categorical exclusions; (2) the action is not a piece of a larger
action; and (3) no extraordinary circumstances exist that create the
potential for a significant environmental effect.\166\
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\166\ See Instruction Manual at V.B(2)(a) through (c).
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This interim final rule is limited to amending the DHS regulations
to expand the use of e-filing for USCIS forms. This rule is strictly
administrative and procedural. DHS has reviewed this rule and finds
that no significant impact on the environment, or any change in
environmental effect will result from the amendments in this rule.
Accordingly, DHS finds that the promulgation of this rule's
amendments to current regulations clearly fits within categorical
exclusion A3 established in DHS's NEPA implementing procedures as an
administrative change with no change in environmental effect, is not
part of a larger Federal action, and does not present extraordinary
circumstances that create the potential for a significant environmental
effect. Therefore, the regulatory amendments made in this rule are
categorically excluded from further NEPA review.
K. Paperwork Reduction Act (PRA)
Under the Paperwork Reduction Act of 1995, Public Law 104-13 (May
22, 1995), all agencies are required to submit to OMB, for review and
approval, any reporting requirements inherent in a rule. This rule
contains a proposed new collection of information that will be
submitted to OMB upon completion of the comment period and response to
comments. While the regulations codified in this rule will be effective
as provided in the DATES section above, this rule provides that
mandating electronic submission of a certain form entails an approved
information collection that can be used to request a waiver from e-
filing. Accordingly, USCIS will not require that any form be submitted
only electronically until USCIS addresses the comments received during
the 60-day comment period on the information collection that this rule
creates, publishes a 30-day Federal Register Notice as required under 5
CFR 1320.12(d), and OMB concludes the collection request as required by
the PRA.\167\
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\167\ See 5 CFR 1320.5(a)(2) (providing that an agency shall not
conduct or sponsor a collection of information unless, in advance of
the adoption or revision of the collection of information OMB has
approved the proposed collection of information). However, as
previously stated, immediately upon approval of the Form I-936 by
OMB, under this rule, USCIS may announce that a request that has
been available for e-filing for 180 days must be e-filed in 60 days.
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DHS and USCIS invite the general public and other Federal agencies
to comment on the impact to the proposed collection of information. In
accordance with the PRA, publication of this rule in the Federal
Register satisfies the obligation to obtain comments regarding the new
information collection instrument.
Comments are encouraged and will be accepted for 60 days from the
publication date of this interim final rule. All submissions received
must include the OMB Control Number 1615-NEW in the body of the letter
and the agency name. Please follow the instructions as described under
the ADDRESSES and I. Public Participation sections of this rule to
submit comments. Comments on this information collection should address
one or more of the following four points:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of information collection:
(1) Type of Information Collection: New Collection.
(2) Title of the Form/Collection: Request for Waiver of E-Filing
Requirement.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-936; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-936 is
248,905 and the estimated hour burden per response is .5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection of information is 124,453 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $4,978,100.
List of Subjects
8 CFR Part 1
Administrative practice and procedure, Immigration.
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Fees, Freedom of information, Immigration,
Privacy, Reporting and recordkeeping requirements, Surety bonds.
8 CFR Part 106
Citizenship and naturalization, Fees, Immigration.
Accordingly, for the reasons set forth in the preamble, DHS amends
chapter I
[[Page 51971]]
of title 8 of the Code of Federal Regulations as follows:
PART 1--DEFINITIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Pub. L.
107-296, 116 Stat. 2135; 6 U.S.C. 1 et seq.
0
2. Section 1.2 is amended by adding in alphabetical order a definition
for ``E-filing'' to read as follows:
Sec. 1.2 Definitions.
* * * * *
E-filing means electronically filing or submitting a benefit
request, supporting evidence, document, notice, or communication in a
manner made available and approved by USCIS for that purpose, including
by completing the form online, in a web portal, via an electronic
interface, or by uploading a PDF of the completed form through an
approved online account.
* * * * *
PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS;
BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS
0
3. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356, 1365b, 1372, 1801-1815; 8 U.S.C. 1185 note; 31 U.S.C. 9701; 48
U.S.C. 1806; Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.);
E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR
part 2; 31 CFR part 223.
0
4. Section 103.2 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 103.2 Submission and adjudication of benefit requests.
(a) * * *
(1) Preparation and submission. (i) Every form, benefit request, or
other document must be submitted and executed in accordance with this
section, other applicable provisions of this chapter, and the form
instructions designated by DHS for that request. DHS may prescribe the
manner of submission and the format of benefit requests, including
through form instructions and related materials, to implement and
administer the requirements set forth in this section and other
applicable regulations. A benefit request that does not comply with
applicable statutes, regulations, or form instructions may be rejected
or denied in accordance with this section. In the event of any
inconsistency, the governing statute and regulations control, and DHS
will construe form instructions in a manner consistent with those
authorities.
(ii) A form filed with USCIS, as defined in 8 CFR 1.2, must be
filed electronically, unless waived pursuant to paragraph (a)(1)(iii)
of this section, where:
(A) The form has been available for e-filing for more than 180
days;
(B) USCIS has, in its discretion, mandated that the form be e-filed
(either in general or in specified circumstances); and
(C) USCIS has published 60 days of advance notice on https://www.uscis.gov providing the date that the paper form will no longer be
accepted and the request must be e-filed (either in general or in
specified circumstances).
(iii) USCIS, in its discretion, may waive mandatory e-filing.
Benefit requestors may request a waiver of mandatory e-filing by
submitting a Request for Waiver of E-Filing Requirement.
(iv) Each form, benefit request, or other document must be filed
with the fee(s) required by regulation. Except as otherwise provided in
this chapter, fees must be paid when the request is filed or submitted.
(v) Filing fees generally are non-refundable regardless of the
outcome of the benefit request, or how much time the adjudication
requires, and any decision to refund a fee is at the discretion of
USCIS.
* * * * *
PART 106--USCIS FEE SCHEDULE
0
5. The authority citation for part 106 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356, 1801-
1815; 48 U.S.C. 1806; Pub. L. 107-609, 115 Stat. 1012; Pub. L. 107-
296, 116 Stat. 2135 (6 U.S.C. 101 note).
0
6. Section 106.2 is amended by:
0
a. Redesignating paragraphs (a)(64) through (69) as paragraphs (a)(65)
through (70); and
0
b. Adding a new paragraph (a)(64).
The addition reads as follows:
Sec. 106.2 USCIS fees.
(a) * * *
(64) Request for Waiver of E-Filing Requirement, Form I-936. To
request that USCIS waive the requirement that a benefit request must be
e-filed: $25.
* * * * *
0
7. Section 106.3 is amended by:
0
a. Revising paragraph (a)(3)(ii) introductory text;
0
b. Removing the word ``and'' at the end of paragraph (a)(3)(ii)(F);
0
c. Removing the period at the end of paragraph (a)(3)(ii)(G) and adding
``; and'' in its place; and
0
d. Adding paragraph (a)(3)(ii)(H).
The revision and addition read as follows:
Sec. 106.3 Fee waivers and exemptions.
(a) * * *
(3) * * *
(ii) The following form fees may be waived based on the conditions
described in paragraphs (a)(3)(ii)(A) through (H) of this section:
* * * * *
(H) Request for Waiver of E-filing Requirement (Form I-936) if the
form for which a waiver is requested is subject to paragraph
(a)(3)(iii) of this section.
* * * * *
Markwayne Mullin,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-16313 Filed 8-10-26; 8:45 am]
BILLING CODE 9111-97-P