The bottom line. DHS issued an interim final rule authorizing USCIS to mandate electronic filing (e-filing) of benefit requests, effective August 11, 2026, with a waiver process for individuals facing undue hardship.
The Department of Homeland Security (DHS) published an interim final rule (IFR) on August 11, 2026, amending regulations to allow U.S. citizenship and Immigration Services (USCIS) to require mandatory electronic filing (e-filing) of certain benefit requests. The rule, Docket No. USCIS-2026-0232, is effective immediately and establishes the process USCIS will follow to impose e-filing requirements, including a waiver mechanism for those unable to file electronically.
USCIS received approximately 13 million benefit requests in fiscal year 2025, with about 44 percent already submitted electronically. The rule is intended to reduce reliance on paper processing and physical lockbox services, and to support the transition to a fully electronic filing system.
"This rule is intended to increase digital intake and processing to move USCIS and requestors from a mostly paper process to an electronic process."
What the Rule Changes
The rule amends 8 CFR 1.2 to define "e-file" as submitting a benefit request, supporting evidence, documents, notices, and communication electronically, including by completing the form online or uploading a PDF through an approved online account. It also amends 8 CFR 103.2(a)(1) to permit USCIS to require e-filing for any form that has been available for e-filing for at least 180 days.
USCIS must provide at least 60 days of advance notice on its website before mandating e-filing of a specific form. The rule does not itself mandate e-filing of any particular form but establishes the authority and procedure for USCIS to do so in the future.
Waiver Process and Fee
The rule creates Form I-936, Request for Waiver of E-Filing Requirement, for individuals who face undue hardship in complying with a mandatory e-filing requirement. Requestors must submit the form with a $25 fee and supporting documentation demonstrating the hardship, such as lack of internet access or geographic limitations.
Approved waivers are valid for 30 days from the date of issuance, and USCIS must receive the paper filing within that period. Each individual seeking a waiver must submit a separate Form I-936 for each benefit request. The fee may be waived for certain filings, including VAWA self-petitions, T and U nonimmigrant status, and Temporary Protected Status applications.
Costs and Savings Estimates
DHS estimates the rule will generate approximately $533 million in annual cost savings to requestors, primarily from reduced filing time, avoided postage costs, and fewer rejected paper filings. Requestors will incur about $15 million annually in new costs related to the waiver form, including the $25 fee, time burden, and mailing expenses.
The rule also creates an annual transfer of approximately $140 million from the government to requestors through the existing $50 e-filing fee discount. DHS estimates that about 248,905 requestors per year will apply for a waiver of the e-filing requirement, based on a 4 percent non-compliance rate observed during the transition to mandatory electronic fee payment.
What This Means Right Now
USCIS may announce mandatory e-filing for specific forms after they have been available electronically for at least 180 days, with 60 days of advance notice.
Individuals who cannot e-file due to undue hardship may request a waiver using Form I-936 with a $25 fee, subject to approval in USCIS's discretion.
Requestors who file benefit requests electronically may continue to receive the $50 e-filing fee discount where applicable.
Comments on the interim final rule are due by October 13, 2026, and USCIS will not require e-filing of any form until the waiver form is approved by OMB.