The United States Citizenship and Immigration Services (USCIS) is moving toward mandatory online filing for some immigration applications.
The change follows a new interim final rule issued by the agency. However, the rule does not immediately make any specific form online-only.
Instead, it gives USCIS the power to require electronic filing for individual forms later. The agency must follow specific conditions before introducing such requirements.
A form must first be available for electronic filing for at least 180 days. USCIS must meet this requirement before making electronic filing mandatory.
The agency must also provide public notice before changing a form to online-only filing. The notice period must be at least 60 days.
The new rule will take effect after its publication in the Federal Register. The public will also have 60 days to submit comments.
The move is part of the US effort to expand digital processing for immigration services. USCIS already provides online filing for several forms.
These include Form I-765 for certain employment authorization applications. Selected Form I-129 cases for nonimmigrant workers can also be filed online.
Form I-140 for immigrant workers is another form available through electronic filing. Applicants can also submit Form I-485 for adjustment of status online.
Other available options include Form I-90 for replacing a Permanent Resident Card. Form N-400 for naturalization is also available through the online system.
Applicants can use a personal myUSCIS account to submit eligible forms. Depending on the case, they can complete forms online or upload PDF files.
The available filing method depends on the specific form and immigration case. Therefore, not every applicant currently has the same online filing option.
The process can also differ for attorneys and authorized representatives. Some forms allow representatives to file online for their clients.
Other forms require applicants to submit their cases directly through the online system. This distinction remains important for people using legal representatives.
The US online filing system also has several limitations. These challenges may affect organizations handling large numbers of immigration cases.
For example, the system currently lacks Application Programming Interface capabilities. Users may also need to complete forms manually and upload documents.
Another limitation is the small number of forms currently available for electronic filing. This means many immigration cases still require other filing methods.
The interim rule does not confirm whether USCIS will expand its technology. It also does not identify which forms could become online-only first.
For now, no specific immigration form has been made mandatory online under this rule. Applicants should continue following the current filing instructions for their cases.
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Any future online-only requirement will require advance notice from USCIS. The agency will also need to meet the conditions outlined in the new rule.
