US Tightening Green Card Rules 2026: USCIS Moves Toward Mandatory E-Filing for I-140 & More

The U.S. Department of Homeland Security has published an interim final rule granting USCIS authority to require electronic filing of immigration petitions and applications. While the rule is already in effect, it does not immediately mandate e-filing for any specific form. Employers and applicants should continue following current filing instructions until further notice. Under the new framework, USCIS may make electronic filing mandatory for any form that has been available for optional e-filing for at least 180 days. Before doing so, the agency must publicly announce the change and provide a minimum of 60 days' notice on its website. USCIS also has the flexibility to phase in requirements by form type, immigration classification, or eligibility category. Several key employment-based immigration forms already support some level of electronic filing, including Form I-140 (Immigrant Petition for Alien Workers), Form I-129 (Nonimmigrant Worker), and Form I-907 (Premium Processing). These are among the forms most likely to eventually fall under a mandatory e-filing requirement, making this especially relevant for EB-3 applicants and sponsoring employers. For those unable to file electronically, USCIS is creating Form I-936, a waiver request that costs $25 and requires evidence of undue hardship. Waivers are valid for only 30 days and do not preserve priority dates or filing deadlines. Individuals represented by counsel or business entities are generally not expected to qualify. Employers should begin preparing their systems and workflows for eventual mandatory e-filing, particularly for I-140 and I-129 petitions. No action is required immediately, but coordination with immigration counsel is advised to ensure a smooth transition when mandates are announced.