WASHINGTON — The U.S. Department of Homeland Security has given U.S. Citizenship and Immigration Services (USCIS) new authority to require electronic filing for certain immigration benefit applications, marking a significant expansion of the government's move away from paper-based processing.
The interim final rule, which took effect on Aug. 11, allows USCIS to require online submission for eligible forms that have been available electronically for at least 180 days. The agency must provide at least 60 days' public notice before making electronic filing mandatory for a particular form, according to information released about the rule.
The change does not make all immigration applications online-only immediately. USCIS has said it will identify forms subject to mandatory electronic filing and provide notice before imposing the requirement. Applicants may also seek an exemption from electronic filing in cases involving hardship or other circumstances covered by the agency's procedures.
USCIS said the broader digital-filing policy is intended to strengthen national security by giving officers faster access to application information and improving fraud detection and screening. The agency also cited reduced reliance on paper records, lower operational costs and potentially faster processing as reasons for expanding electronic filing.
The agency processes millions of immigration benefit requests each year. USCIS told Congress that it receives more than 7.4 million requests annually and that online filing allows cases to be handled through electronic systems rather than relying on paper records. At the time of that report, customers were choosing online filing for about 44% of requests, while USCIS was converting more than 70% of its workload into electronic processing.
The government has been expanding online filing for years. USCIS currently permits electronic submission for a growing number of immigration benefits, while some applications and petitions remain available through paper filing. Federal law also directs the Department of Homeland Security to establish electronic filing procedures for immigration benefit applications and petitions.
The new rule therefore represents a shift from encouraging applicants to file online toward allowing USCIS to make electronic submission a condition for filing particular eligible forms.
For applicants unable to use electronic systems, the availability of hardship exemptions will be significant. USCIS has not, however, announced that every immigration form will become online-only or provided a timetable for converting all eligible forms.
The agency's next step will be to identify individual forms for mandatory electronic filing and issue the required public notice before those requirements take effect.
