United States Citizenship and Immigration Services (USCIS) is moving toward mandatory online filing for certain immigration applications and petitions under a new interim final rule.
The rule does not make electronic filing mandatory for any specific form yet. Instead, it gives USCIS the authority to require online filing for individual forms in the future.
Before a form can become online-only, it must have been available for electronic filing for at least 180 days. USCIS will also have to give the public at least 60 days’ notice before making electronic filing mandatory.
The rule will take effect immediately after being published in the Federal Register, while public comments will be accepted for 60 days after publication.
USCIS currently offers voluntary online filing for a limited number of forms. These include Form I-765 for certain employment authorization cases, Form I-129 for selected nonimmigrant workers, Form I-140 for immigrant workers, Form I-485 for adjustment of status, Form I-90 for replacing a Permanent Resident Card, and Form N-400 for naturalization.
Applicants can file electronically through a personal myUSCIS account either by completing the form online or uploading a PDF. However, the available filing method depends on the form and type of case.
The process also differs for attorneys and authorized representatives. Some forms can be filed electronically by a representative on behalf of a client, while others must be submitted online directly by the applicant.
Despite USCIS’ push toward electronic filing, the system still has several limitations, particularly for organizations handling large numbers of immigration cases. These include the lack of Application Programming Interface (API) capability, manual form completion and uploads, and the limited number of forms currently available for electronic filing.
The interim rule does not say whether USCIS plans to improve or expand its existing electronic filing technology.
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