USCIS plans to wind down its Genealogy Program as historical immigration files move to the National Archives

A proposed DHS rule would end USCIS Genealogy Program access to each series of historical immigration files once it is transferred to the National Archives, and describes the program's eventual discontinuation. The rule assumes requesting from the Archives costs researchers the same. Comments close October 20, 2026.

2026-10-01 · U.S. Citizenship and Immigration Services, Homeland Security Department · Information

On August 21, 2026, the Department of Homeland Security proposed changing the rules for the U.S. Citizenship and Immigration Services Genealogy Program (91 FR 54252). Comments close on October 20, 2026, on docket USCIS-2026-0331 (RIN 1615-AD21), and are accepted only through regulations.gov. Two comments had been posted by late September.

## What the program does

The program began in 2008 (73 FR 28026) under 8 U.S.C. 1356(t), which lets USCIS charge fees for genealogy research. Its rules are in 8 CFR 103.38 to 103.40. It searches an index and provides copies of "historical records" defined in 8 CFR 103.39: naturalization certificate files from 1906 to 1956, alien registration forms from 1940 to 1944, visa files from 1924 to 1944, registry files from 1929 to 1944, and Alien Files numbered below 8 million. An index search costs $30 online or $80 on paper, and USCIS estimates about 19 minutes to fill out a request.

## What would change

The National Archives and Records Administration treats these files as permanent records, and they move to the Archives under records schedules. Under the proposal, once a series has been transferred, USCIS would stop providing it through the program, and researchers would request it from the Archives instead. All alien registration forms have been at the Archives since May 17, 2024.

The proposal goes further than a single series. DHS says it "does not anticipate designating additional files as 'historical records'" and refers to "the eventual discontinuation of the genealogy program process." It quotes the 2024 USCIS fee rule (89 FR 6194, 6326) on transfers slowed by "incomplete or non-existent file indices."

## Volume and cost

USCIS reports index searches of 7,801, 7,311, 8,465, 8,094 and 13,095 in fiscal years 2020 to 2024, and record requests of 4,882, 5,868, 6,035, 6,565 and 5,601. Searches rose by about 62 percent in 2024, almost all of them online. The five-year averages are 8,953 searches and 5,790 requests a year.

The proposal's Paperwork Reduction Act section uses different figures: 8,269 searches (103 on paper, 8,166 online) and 6,391 requests (185 on paper, 6,206 online), for a total of 4,403 hours and $9,202 a year. The proposal does not explain the difference.

DHS assumes that requesting a file from the Archives takes the same effort as requesting it from USCIS. It acknowledges that if the Archives' costs differ, researchers would be affected, and that there would be an adjustment period. It says its case system "does not allow requestor data to be readily pulled," so it cannot describe who uses the program. DHS found the rule not significant under Executive Order 12866, so the Office of Management and Budget did not review it, and treats it as exempt from Executive Order 14192 because it concerns immigration. The forms are covered by OMB control number 1615-0096.

## CFA's records

DHS holds a "Minor" grade on CFA's agency scoreboard, with a composite score of 85.65, based on 5 of the 10 areas CFA scores. The grade does not yet measure records management or the Genealogy Program specifically.

## What to watch

What the Archives will charge and how long it will take for files that move, compared with USCIS's $30 online fee. The proposal does not say.

When the remaining series, especially naturalization certificate files and older Alien Files, will be transferred, and what happens to requests that are pending when a series moves.

Whether the Archives will provide an index comparable to the USCIS search, given the index problems the 2024 fee rule describes.

Whether the final rule reconciles its two sets of request figures.

Comments are accepted only through regulations.gov under docket USCIS-2026-0331.

Authorities

Homeland Security Department, Genealogy Program Regulations To Clarify the Impact of Federal Records Requirements, 91 FR 54252 (Aug. 21, 2026), FR Doc. 2026-17119 The proposed rule: the change on transfer to the Archives, request volumes, fees, the burden assumption and review status.
USCIS, Genealogy Program final rule, 73 FR 28026 (May 15, 2008) The 2008 rule that created the program.
USCIS, fee schedule final rule, 89 FR 6194 (Jan. 31, 2024) Quoted in the proposal on delays in transferring files to the Archives.
Genealogy program definitions, 8 CFR 103.39 Defines the historical records the program provides.
Immigration Examinations Fee Account, 8 U.S.C. § 1356 Subsection (t) authorizes genealogy fees.
Regulations.gov docket USCIS-2026-0331 Where comments must be filed.