US to Make Online Filing Mandatory for Immigration Applications

The United States Citizenship and Immigration Services (USCIS) is introducing an interim final rule that could eventually make online filing mandatory for certain immigration applications and petitions. The rule does not make electronic filing mandatory for any specific form at this time, but it grants USCIS the authority to require online filing for individual forms in the future.

For a form to become online-only, it must first be available for electronic filing for at least 180 days. The rule will take effect immediately after publication in the Federal Register, with a 60-day public comment period following publication. Currently, USCIS offers voluntary online filing for several forms, including I-765 for employment authorization, I-129 for nonimmigrant workers, I-140 for immigrant workers, I-485 for adjustment of status, I-90 for replacing a Permanent Resident Card, and N-400 for naturalization.

Applicants can file electronically through a myUSCIS account, either by completing the form online or uploading a PDF. However, the process varies depending on the form and case type, with some forms requiring direct submission by the applicant or representation by an attorney. Despite USCIS' efforts to promote electronic filing, the system faces limitations, particularly in handling large volumes of cases, such as the lack of Application Programming Interface (API) capability and limited availability of forms for electronic filing.

The interim rule does not address whether USCIS plans to enhance or expand its electronic filing technology.