Short answer: a DHS interim final rule that took effect on August 11, 2026 authorizes USCIS mandatory e-filing for any form that has been available online for at least 180 days. Before it stops taking paper for a given form, USCIS must post 60 days’ notice on its website. As of September 23, USCIS has not named a single form, so paper filing still works today.
People who cannot file online can request a waiver on a new Form I-936 for a $25 fee. The public can comment on the rule until October 13, 2026.
What you will find in this article
- The three conditions USCIS must meet before a form goes online-only
- The 22 forms already available online, and where Form I-485 stands
- Why we do not expect the first mandate before early 2027
- How the Form I-936 waiver works and who is likely to get one
- What attorneys and employers should expect
- How to comment by October 13
Quick overview
| Question | Short answer |
|---|---|
| Is the rule in effect? | Yes, since August 11, 2026. |
| Which forms must go online? | None yet, as of September 23, 2026. |
| What has to happen first? | 180 days of online availability, plus 60 days’ notice from USCIS. |
| Who can still file on paper? | Anyone who shows undue hardship and holds an approved Form I-936. |
| Can represented applicants get a waiver? | DHS expects that people with lawyers and business entities generally will not qualify. |
| When do comments close? | October 13, 2026, under docket USCIS-2026-0232. |
What the USCIS mandatory e-filing rule does
On August 11, 2026, DHS published the interim final rule “Mandatory Electronic Filing (e-Filing),” and it took effect the same day. DHS ties the rule to Executive Order 14247, which directs agencies to phase out the Treasury Department’s physical lockbox services.
Under the new regulation, USCIS can require online filing of a form when three conditions line up:
- The form has been available for e-filing for at least 180 days.
- USCIS decides, in its discretion, to require e-filing for the whole form or only for certain filing categories.
- USCIS posts at least 60 days’ notice on uscis.gov with the date it will stop accepting the paper version.
Once a mandate applies, you will file through a USCIS online account, either by completing the form online or by uploading a completed PDF. The USCIS announcement describes the same framework. The rule itself names no form.
The regulation also now says USCIS may reject or deny a request that does not follow the form instructions. Read that together with the agency’s tougher 2026 stance on denials without an RFE.
Which forms could face mandatory e-filing?
The rule includes a table of the 22 forms USCIS accepted online as of December 16, 2025. All of them already meet the 180-day test.
| Area | Forms available online (Dec. 2025) |
|---|---|
| Family and green card | I-130, I-751, I-90, I-131 |
| Employment | I-129, I-140, I-907, I-765 |
| Status and humanitarian | I-539, I-589, I-821, I-821D |
| Citizenship | N-400, N-336, N-565, N-600, N-600K |
| Other | AR-11, G-28, G-325R, G-639, I-912 |
USCIS could put any of these forms on a 60-day clock once the waiver form clears review. Nobody knows which forms will go first, so treat online lists of “mandatory forms” with caution.
Form I-485 is missing from that table. The USCIS online filing page now shows that certain applicants and their representatives can file it by PDF upload, an option added in 2026. Attorneys, for example, can file the I-485 together with an I-130 or I-140. Once that option reaches 180 days, the I-485 joins the candidate list. The new green card rules for 2026 on public charge and the I-864 apply either way.
Some forms work online only in part. Form I-765 accepts online filings only in certain categories, and N-400 applicants who request a reduced fee or a fee waiver must still file on paper. The rule lets USCIS phase in mandates category by category. Future naturalization applicants should also watch the proposed N-400 fee increase, since DHS says it may align that rulemaking’s filing procedures with e-filing.
Has any form become online-only yet?
No. As of September 23, 2026, we found no 60-day notice for any form in USCIS announcements or in the Federal Register. Fragomen also noted that the rule does not designate any form. Paper filing remains valid for each form until USCIS issues a specific notice and the 60 days run out.
The mandatory e-filing timeline: OMB review comes first
Form I-936, the waiver request, counts as an information collection, so the Office of Management and Budget (OMB) has to approve it. The rule’s Paperwork Reduction Act section states that USCIS will not require e-filing of any form until DHS addresses the comments it receives by October 13, publishes a second 30-day notice, and obtains OMB approval.
Only then can USCIS post a 60-day notice for a form. Even if every step moves quickly, we do not expect the first mandatory date before early 2027. That estimate is ours; USCIS has not published a schedule.
Waivers from mandatory e-filing: Form I-936
If e-filing would cause undue hardship, you can request a waiver on Form I-936 before you file on paper. The fee is $25. USCIS will weigh evidence such as where you live, your socioeconomic situation, and the public technology resources near you. Without home internet, you must explain why you cannot get online through a library, a community center, friends, or family. Unfamiliarity with the system, or simply not having an account, generally will not be enough.
How the waiver works:
- Each Form I-936 covers one form, so two paper filings need two waiver requests.
- Each person needs a separate waiver. A parent and child filing I-485s cannot share one.
- An approval stays valid for 30 days, and USCIS must receive your paper filing within 33 calendar days of the approval date.
- A waiver request does not lock in a receipt date or a priority date.
- An approved waiver does not guarantee acceptance. USCIS can still reject a paper filing with a blank required field.
Fee waivers for Form I-936 exist only where the law requires them. The rule lists VAWA self-petitioners, T and U applicants, certain battered spouses, and TPS applicants, among others.
Mandatory e-filing with a lawyer: G-28, accounts, and signatures
The rule treats attorneys and accredited representatives as “requestors” too. According to DHS, about 43 percent of individual filers chose online filing in fiscal year 2025, compared with fewer than 6 percent of attorneys. So USCIS mandatory e-filing will change represented cases the most, and DHS expects that people with lawyers generally will not qualify for waivers.
Practical points:
- Accounts: USCIS offers separate account types for applicants and legal representatives. Applicants can review and sign attorney-prepared forms in their own account, and sign-in uses two-step verification.
- PDF upload and G-28: An attorney using PDF upload must also upload Form G-28, and the PDF must carry the applicant’s wet-ink signature.
- E-signatures: USCIS does not accept signatures added to a paper form with signature software outside the online account.
- Fees: Online filers pay through Pay.gov. In fiscal year 2025, about a quarter of the roughly 1 million paper filings USCIS rejected came back solely because of a fee problem.
- Receipt date: For an online filing, it is the day USCIS actually receives the submission.
Employers face the same shift. Constangy advises employers to coordinate filings through immigration counsel and to avoid opening cases from organizational USCIS accounts on their own. With the new FBI security checks that began in 2026, consistency across every filing matters even more.
How to comment on the rule by October 13
DHS says it will consider timely comments even though the rule already applies. The portal takes comments until midnight Eastern time on October 13, 2026. File them through regulations.gov under DHS Docket No. USCIS-2026-0232; USCIS does not currently accept mailed comments.
- Write in English or attach an English translation.
- DHS posts comments as submitted, personal details included, so leave out receipt numbers and addresses.
- Comments on Form I-936 should cite OMB Control Number 1615-NEW.
- DHS finds comments most useful when they point to a specific part of the rule and offer data.
Common USCIS e-filing mistakes
- Delaying a filing you could send on paper today
- Trusting social media lists of “mandatory” forms
- Assuming a waiver request preserves your filing date or priority date
- Assuming one Form I-936 covers the whole family
- Uploading a PDF without the applicant’s wet-ink signature
Short checklist
- Check whether your form can go online today on the USCIS online filing page.
- Make sure the applicant and the attorney both have working USCIS online accounts.
- Scan evidence as PDF, JPG, or TIFF, with certified English translations ready.
- Confirm that your card or bank account works on Pay.gov.
- For any filing with a deadline, build in time for a possible mandate or waiver.
- Mark October 13 if you plan to comment.
Frequently asked questions
Is USCIS mandatory e-filing in effect now?
The rule took effect on August 11, 2026, but no form requires online filing yet. USCIS must give at least 60 days’ notice for each form.
Will USCIS reject my paper filing?
Not today. Once a form becomes mandatory and the notice date passes, USCIS will stop accepting that form on paper unless you have an approved waiver.
Is it cheaper to file online?
For certain forms, yes. USCIS takes $50 off the fee when you file those forms online.
Does the rule affect people outside the United States?
Mostly indirectly. DHS says just 0.4 percent of USCIS receipts come from abroad. But a mandate could affect an I-130 that a relative in the U.S. files for you.
Does a waiver request protect my filing date?
No. It does not count as a benefit request, so it secures no receipt date or priority date.
Can I get a waiver if I have a lawyer?
DHS expects that represented applicants generally will not qualify, so represented cases should plan to file online.
Conclusion: prepare for USCIS mandatory e-filing now
The rule does not end paper filing overnight, but the direction is clear. Once USCIS posts a 60-day notice for a form, the window to adjust will be short. Applicants with an online account and digital records will adapt most easily.
You can see the kinds of cases we handle on our site. If you are unsure whether to file online or on paper, or you want to comment before October 13, contact Clinch Law.
Legal information notice
This content is general information only. It is not legal advice, does not create an attorney-client relationship, and does not guarantee any outcome. USCIS will announce mandatory e-filing one form at a time. Legal information checked on: September 23, 2026.
