Immigration Paperwork – The Stakes Are Higher Than Ever

By Maureen E. James - Skoler Abbott P.C.

August 13, 2026

When is the last time you stood in line at the bank, waiting for a teller, with a paper check and a deposit slip in hand?  It has probably been some time.  When technology allowed direct deposit, mobile check deposit, and money to be transferred via apps we lost touch with the paper part of the financial process.  The rise in technology has benefitted us with the convenience of digital processing, but in some industries, people are still paper pushers.  One of those areas is the U.S. Citizenship and Immigration Services (USCIS).

USCIS is Going Digital…Sort Of

For those who find themselves involved in any type of immigration matter, you will know that there has been a slow creep over the past few years to online filings.  Even so, there is still a large volume of USCIS’s caseload that is handled on paper through service centers and their locked box addresses.  Materials received on paper are often scanned into their system, but responses and decisions are still provided thereafter on paper, mailed to the petitioner.  In an effort to streamline, USCIS announced an interim rule on August 10, 2026, stating that they are planning to make more forms available online and to require them to be filed electronically.  This move will take place over time, and the requirements will be rolled out form by form, not on a system wide basis.  For those who are making filings, it would be best to check USCIS’s website for up-to-date information on their specific form and the best way to file.

As I already pointed out, digital mediums are the norm in many industries.  So why is USCIS moving to required online filing a big deal?  For many, it will not be.  It will be a welcome change and will allow them to better manage their cases.  But for others, in particular those that are not well versed in technology, do not have access to the internet, who do not have access to electronic payments, or who may not be proficient in English, the transition to online filing will create some anxiety and logistical hurdles.  Employers are likely to see this manifest in employees as they work through the process of employment eligibility verification and may create issues when they need to provide documents related to the same.

Paper or Online – Details Matter A Lot

It is clear that USCIS has been thinking a lot about its processes lately and trying to determine how to streamline them.  On August 6, 2026 they issued a policy memo, advising applicants for immigration benefits that they must establish their eligibility at the time they request the benefits.  USCIS has had a longstanding practice of responding to deficient petitions or applications with a follow up, such as a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).  In sending these notices, USCIS puts the applicant on notice of the specific reasons why their request could not be processed and seeks information to bring them into compliance to continue processing.  This practice benefited applicants, as it provided them with a detailed explanation into any issues that had been identified in their application and gave them specific instructions and lists of documents needed by USCIS.  It also seemed to benefit USCIS, as it allowed deficiencies to be addressed the first time without the need for re-filings.

USCIS is now taking the position that sending RFEs and NOIDs is slowing down the process and may be being manipulated by some to gain benefits while their cases are pending.  To address these alleged issues, USCIS is granting immigration officers discretion to deny applications without issuing a RFE or NOID first.  This means a deficient filing will be rejected, sent back to the petitioner, and the filing fee(s) will not be refunded.  It is unclear whether the denial letters will provide the same level of detail that RFE and NOIDs provided, which would instruct petitioners how to prevent issues if they choose to re-file.  In those cases where an officer does use discretion and issues a RFE, its timeframe for response is no longer going to be twelve weeks, but instead a period not to exceed twelve weeks.  They are also removing the fourteen-day allowance for mailing outside of the U.S., shrinking that to three days.

This policy will have an impact on employers who are seeking employment-based visas.  If USCIS determines whether there are any inconsistencies or requires further information regarding the employer-employee relationship, the subject job description, or the employee’s background, there may not be a chance for the employer to answer those questions or provide clarification.  If a filing is rejected, the employer loses the filing fees, and refiling would require the employer to commit to a second expenditure of that money.  Additionally, the time lost during the pendency of the petition may not allow the employer enough time to re-file their petition before the employee loses their existing status.

How to be proactive?

When working with immigration paperwork, the devil is in the details.  Moving forward that will be even more so the case.  It will be important for employers to understand the process of working within the online system.  Signing up for an account is free, and for those that work with immigration counsel, both the employer and the attorney can be connected to facilitate filing forms as they become available for digital processing.  When working on a petition, employers should consult counsel to ensure that the filing is complete, that the evidence being submitted meets all requirements and standards for the subject request, and to identify any potential areas where USCIS may have questions to ensure that the filing will be processed and not denied for technical reasons.

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