The bottom line. DHS proposes to limit USCIS Genealogy Program requests to historical records still in USCIS legal custody, directing requesters to NARA once records are transferred. Comments are due by October 20, 2026.
DHS published a notice of proposed rulemaking on August 21, 2026, to amend 8 CFR 103.38-103.40, clarifying that the USCIS Genealogy Program will only produce historical records that have not been transferred to the legal custody of the National Archives and Records Administration (NARA). The proposed rule appears in Federal Register Volume 91, pages 54252-54259, under Docket No. USCIS-2026-0331.
The proposal responds to federal records management requirements under 44 U.S.C. 3102 and NARA-approved records schedules, which designate USCIS historical records as permanent and require their eventual transfer to NARA. The source states that the impact of federal records requirements on the genealogy program is not necessarily clear to the public by reading DHS' existing genealogy regulations.
What the Rule Changes
The proposed rule would amend 8 CFR 103.38(a) to state that the Genealogy Program provides historical records that have not been transferred to NARA pursuant to a published records schedule. Proposed 8 CFR 103.38(c) would bar USCIS from providing records transferred to NARA's legal custody. The definitions of historical records and genealogical research requests in 8 CFR 103.39 and 103.40 would be revised to exclude files, forms, and documents for which legal custody has been transferred to NARA.
USCIS would publish notices on its genealogy website when records are transferred, and NARA also publishes transfer notices. Requesters would then seek those records directly from NARA.
Program Volume and Fees
Based on fiscal years 2020 through 2024, USCIS received an annual average of 8,953 Form G-1041 (Genealogy Index Search Request) submissions and 5,790 Form G-1041A (Genealogy Records Request) submissions. Current fees are $80 for paper filing and $30 for online filing for each form. The source estimates the total annual hour burden for both forms at 4,403 hours, with an estimated annual cost burden of $9,202.
The source states that this proposed rule would be a direct transfer of these economic activities and that USCIS does not expect this rule to change the demand for genealogy services.
AR-2 Files Already Transferred
USCIS noted that Alien Registration Forms (AR-2) from August 1, 1940, to March 31, 1944, were transferred to NARA effective May 17, 2024, and are no longer available through the Genealogy Program. The proposed rule would codify the general principle that all transferred records fall outside the program's scope.
What This Means Right Now
Requesters seeking historical records already transferred to NARA, such as AR-2 files, would need to contact NARA directly rather than USCIS.
USCIS would continue to process genealogy requests for records still in its legal custody until transfer occurs.
DHS anticipates that over time all designated historical records will be transferred to NARA, eventually ending USCIS genealogy production.
Interested parties may submit comments through the federal eRulemaking Portal at www.regulations.gov referencing Docket No. USCIS-2026-0331 until October 20, 2026.