The online filing rule took effect August 11. No form is mandatory yet, but the sequence for making one mandatory is set
On August 11, 2026, the Department of Homeland Security published in the Federal Register a rule that will allow immigration filings to be required online, and the rule took effect the same day. Yet as of today, not a single form must be filed online only. What was decided this time is not any particular form's mandate but the sequence the government must follow to make online filing mandatory for each form. Once that sequence starts running, a person who cannot file online will need separate permission to file on paper. Here is what was decided, what is not yet decided, and what you can do now.
Nothing changed today, but the way things will change is set
"The Department of Homeland Security published this rule in the Federal Register on August 11, 2026, effective on publication. Comments are accepted until October 13, 2026."
Normally the government publishes a proposal first, takes public comment, and then implements. This time the order is reversed. It took effect first, and comments are accepted until October 13. The rule may be refined by the comments that come in, but it is refined while already in force.
The rule does two things. One is to allow USCIS to decide to accept certain applications online only. The other is to set the sequence that must be followed when it does so, and the way a person who cannot file online can obtain permission to file on paper. So this rule by itself closes the paper route for no form. Applications filed on paper today can still be filed on paper.
Some people hear only that a rule came out and assume this month's application must be filed online; others hear only that nothing has changed and stop paying attention. Neither is accurate. Nothing changed today, and the government now has a method for closing that route in the future.
Three things must be in place before a form becomes mandatory
"The amendments in this rule have no practical effect until the exemption request form is approved and USCIS publishes a notice that a specific form must be filed online beginning 60 days later."
First, 180 days must have passed since USCIS began accepting that form online. The paper window cannot be closed the moment the online window opens. Second, USCIS must post a notice on its website, and 60 days must pass from that date. The notice must state clearly when the requirement begins.
The 180 days is a condition the government must satisfy; the 60 days is a preparation period for applicants.
The third is the biggest gate. The form used by a person who cannot file online to request permission to file on paper must be ready first. Before the government can require the public to complete a new form, it must obtain approval from the White House Office of Management and Budget, and the rule itself states that until that approval is granted and USCIS issues its first notice, these amendments have no practical effect. The structure is to open the window for requesting the paper route first.
So the remaining gate is not the 180 days. The rule states that most forms now accepted online have already passed that period. The day something actually changes is the day the exemption form is ready and the first notice goes out. Which form will become mandatory, and when, has not been decided. Any claim that a particular form will close first has no basis at present.
For reference, as of December 16, 2025, USCIS accepts 22 forms online. There are two ways to file. One is to log in to an online account and fill in the form on screen; the other is to complete the form as usual, create a PDF, and upload it to the account. If you are used to preparing paper documents, remember that the second route exists. Either way, an online account is where it starts. Even for a form with an online window open, paper filing remains available until a mandatory-filing notice is issued.
The door for those who cannot file online is narrower than you might think
"DHS stated in the rule that persons represented by an attorney or accredited representative, and business entities rather than individuals, would generally not qualify for an exemption."
A person for whom online filing is an undue burden may request permission to file on paper. First gather documents proving why you cannot file online, identify which form you intend to file on paper, attach the documents, and submit the request with $25. This request comes first. It is not a matter of sending the paper application and seeking permission afterward.
If permission is granted, USCIS mails three things: a notice that you may file on paper, a paper copy of the form, and the mailing address. For a new application, this notice is valid for only 30 days from issuance. It is not a document you can hold and use later; when the notice arrives, you must complete and send the application within that time.
The problem is that the door is narrow. The statement that the two groups quoted above would generally not qualify is not our interpretation but what the government wrote in the text of the rule. It reasoned that a person with a representative, or a company that must show it can pay its employees, does not find internet use a burden or a cost. Not knowing how to use the internet was also deemed generally insufficient on its own, and the reason given was that public libraries provide internet access and instruction.
Permission is within USCIS discretion and is decided case by case. It is not granted automatically when the conditions are met. A person who filed online before may request permission for the next application, but the fact that they managed it in the past is taken into account.
The $25 may be adjusted after the government reviews filing volume and processing time following implementation, and the route for requesting a waiver of that fee is open only in limited circumstances.
The signature method is what catches people first in practice
"USCIS accepts only signatures made within an online account. The rule explains that this is because the account verifies the identity of the person signing."
Many people now use programs that create a signature when you tap a signature line on a computer or phone screen. USCIS does not accept a signature created that way and placed on a paper application. This is not a future change; it is the case now. This rule simply stated that it would not change that part. A signature made by hand remains valid.
What USCIS accepts is a signature made inside an online account, because the account verifies that the signer is who they say they are. The sequence is not to collect signatures in advance and submit later, but to log in and sign on the spot.
This rule also newly defined what filing online means. It includes not only the application but the supporting documents filed with it, and the notices and correspondence USCIS sends, all exchanged in the manner USCIS specifies. Creating an account is not a one-time step but the opening of a channel used until the case ends. Filing online does not make review lenient, either. The rule states that an online submission may also be rejected if a required field is left blank.
The government calculated that this change will greatly reduce the money and time applicants spend. But that benefit goes to those who can file online. For those who cannot, what remains is a $25 request and a 30-day paper notice.
Closing
There are three things to do now. First, create a USCIS online account in advance. Once a notice is issued, the requirement begins 60 days later, and within that time you must create the account and learn to use it. Now, while it is not yet mandatory, is when there is time.
Second, check on the USCIS website whether the form you will file is among those accepted online, and whether a notice has been posted for that form. The 22 forms mentioned above are as of last December and may have grown since.
Third, if you have circumstances that leave you no choice but to file on paper, start gathering documents proving them now. Permission must be obtained before filing on paper, and the notice is valid for only 30 days.
Finally, remember that a signature created on screen and placed on paper is not accepted even now.
Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.
Law Office of Jin D. Cho, P.C.
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