REGULATION: Mandatory Electronic Filing (e-Filing)

C. Summary of the Regulatory Action

This rule amends DHS regulations to permit USCIS to require e-filing for any benefit request USCIS has made available for e-filing for at least 180 days.^[2] When USCIS decides to mandate e-filing of an eligible benefit request, USCIS will publish notification of the e-filing requirement on its website and provide an additional 60-day grace period for individuals to comply with the e-filing requirement. The e-filing requirement, when mandated, will require individuals to use an online account to submit benefit requests to USCIS, either by completing the form entirely online or uploading a Portable Document Format (PDF) of the completed form through their online account. This rule also establishes a process for certain individuals for whom e-filing creates an undue hardship to seek a waiver of the e-filing requirement.

For purposes of this rule, DHS uses the term “requestor” to refer to anyone submitting any benefit request to USCIS for any purpose. Attorneys and accredited representatives are included in the term “requestor.”

In this rule, DHS is amending:

• 8 CFR 1.2 to define e-file to include submitting a benefit request, supporting evidence, documents, notices, and communication electronically in any manner made available and approved by USCIS, including by completing the form online, in a web portal, electronic interface, or by uploading a PDF of the completed form through an approved online account.
• 8 CFR 103.2(a)(1) by adding a new paragraph (a)(1)(i) that clarifies the weight of form instructions.
• 8 CFR 103.2(a)(1) by adding subparagraph (ii) to permit USCIS to require e-filing any time after a form has been available for e-filing for at least 180 days and to specify USCIS will inform the public of mandatory e-filing requirements on its website.
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  8 CFR 103.2(a)(1) by adding subparagraph (iii) to establish the process an individual must use to seek a waiver of the e-filing requirement.
• 8 CFR 106.2 by adding a new paragraph to establish a new form and fee for an individual to apply for a waiver of the e-filing requirement.
• 8 CFR 106.3 by adding a new paragraph to specify when a fee waiver may be available to a requestor applying for a waiver of the e-filing requirement.