Introduction
The U.S. Department of Homeland Security has issued a notice of proposed rulemaking to update the regulations governing the USCIS Genealogy Program. The rule, published in the Federal Register under Docket No. USCIS-2026-0331, fills a gap in the current regulations: they never explained that once USCIS transfers legal custody of historical records to the National Archives and Records Administration (NARA), NARA becomes responsible for providing those records, not USCIS. Genealogists, historians, and family history researchers who use the program need to understand this distinction to know where to send a request.
Background
USCIS established its Genealogy Program in 2008 as a fee-for-service operation under authority granted in the Immigration and Nationality Act. The program gives genealogists, historians, and others a way to request specific categories of older immigration records, documents that predate the modern immigration file system and carry particular value for tracing ancestry and family history.
The records available through the program are defined in regulation as “historical records” and include Naturalization Certificate Files from 1906 to 1956, Microfilmed 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 with documents dated before May 1, 1951. These records attracted roughly 8,953 index search requests and 5,790 records requests annually, based on a five-year average from fiscal years 2020 through 2024, with more than 95 percent submitted electronically.
The 2008 regulations never addressed how this program intersects with federal records management law. Under federal law, all agencies must comply with records retention and disposition schedules approved by NARA. NARA has determined that the records categorized as historical records under the Genealogy Program are permanent federal records, meaning they carry enough historical value to be preserved in the National Archives. Once a permanent record reaches the point specified in its retention schedule, the agency must transfer legal custody to NARA. At that point, NARA, not USCIS, becomes the proper source for public access to those records.
What Is Changing
This proposed rule would amend 8 CFR Part 103 to make explicit what current regulations leave unclear: USCIS will only produce historical records through the Genealogy Program that have not yet been transferred to NARA’s legal custody. Records already transferred become NARA’s responsibility to provide, and requesters must contact NARA directly to obtain copies of those materials.
The proposed regulatory text would revise the definitions of “historical records” and “genealogical research requests” to exclude files, forms, and documents for which legal custody has already moved to NARA. A new provision would require USCIS to notify the public on its Genealogy website when specific record sets have been transferred, so requesters can determine before filing a form whether they need to contact USCIS or NARA.
DHS also says it does not expect to designate additional records as “historical records” under the Genealogy Program going forward. In practice, that means all currently designated historical records will eventually transfer to NARA, and the USCIS Genealogy Program as it currently operates will wind down over time. DHS has invited public comment specifically on this anticipated discontinuation.
The Alien Registration Forms (AR-2) covering August 1, 1940 to March 31, 1944 show what this transition looks like. USCIS transferred those records to NARA in 2024 and announced that, as of May 17, 2024, it would no longer process new requests for AR-2s. Requesters must now obtain those forms from NARA directly.
Who Is Affected
The people most affected by this proposed rule are those who currently use USCIS Forms G-1041 and G-1041A to search historical immigration indices and request document copies. DHS characterizes these requesters primarily as individuals, genealogists conducting personal family history research, historians, and social scientists, rather than businesses or regulated entities.
Professional genealogists who submit requests on behalf of clients will also feel this shift, since some records they routinely seek through USCIS will instead need to be requested through NARA’s access processes. USCIS acknowledges there will likely be an adjustment period while requesters learn which agency holds the records they need and how to navigate NARA’s request procedures.
Employers, petitioners, and immigration attorneys handling active immigration benefit requests are not affected by this proposal. The Genealogy Program is entirely separate from USCIS’s adjudication of visa petitions, adjustment of status applications, naturalization petitions, or any other immigration benefit process. This proposed rule does not touch fees, procedures, or timelines for any of those matters.
Practical Implications
For anyone actively using the USCIS Genealogy Program, the most important immediate step is checking the USCIS Genealogy website before submitting any new request. USCIS has committed to posting notices there when specific record sets transfer to NARA. Submitting a Form G-1041 or G-1041A to USCIS for records already in NARA’s custody won’t produce the requested documents, and could mean additional time and fees if the requester then has to submit a separate request to NARA.
The fee structure at NARA may differ from USCIS’s current schedule of $80 for paper filing and $30 for online filing per form. DHS has noted that if NARA’s costs or burden differ from USCIS’s current process, requesters could see corresponding financial impacts, though the agency characterizes the overall change primarily as a transfer of activity rather than an increase in total burden.
For professional genealogists and researchers, this rule points to a longer-term change in how historical immigration records will be accessed. As USCIS transfers successive record sets to NARA over time and declines to designate new historical records categories, the share of research activity conducted through USCIS will shrink. Researchers who want to track which record sets remain with USCIS versus which have moved to NARA can check the published records schedules on the NARA website, in addition to the USCIS Genealogy page.
One open question worth monitoring is the pace of transfers. DHS acknowledged in a 2024 fee rule that operational difficulties, including incomplete indices and how the former Immigration and Naturalization Service organized its records, have historically delayed transfers to NARA. The proposed rule does not set a timeline for transferring specific remaining record sets, meaning some records covered by the Genealogy Program may remain with USCIS for an indeterminate period even after this rule is finalized.
What to Watch For Next
Written comments on this proposed rule must be submitted through the federal eRulemaking Portal at regulations.gov, referencing Docket No. USCIS-2026-0331, no later than October 20, 2026. Comments submitted by email or letter to DHS officials will not be considered part of the formal rulemaking record.
After the comment period closes, DHS will review submissions and determine whether to proceed with a final rule, potentially with modifications. A specific effective date for any final rule has not yet been announced. Stakeholders who use the Genealogy Program regularly, whether individuals, professional genealogists, or research organizations, should monitor the docket for updates and consider whether to submit comments, particularly regarding the proposed eventual discontinuation of the program and any concerns about access to records during the transition period.
How Immigration Professional Association Can Help
Historical immigration records serve purposes well beyond family history research. Naturalization files, alien registration records, and early visa documents can be critical evidence in immigration proceedings, citizenship claims, and legal matters where an individual’s or ancestor’s immigration history is directly at issue. Knowing how to locate, request, and present these records effectively, whether they sit with USCIS or have already transferred to NARA, requires familiarity with both the genealogy program framework and broader immigration recordkeeping requirements.
At Immigration Professional Association, our experience with USCIS records and documentation issues spans a wide range of client needs, from tracing the immigration history of a family member to supporting claims that depend on historical government records. If you are trying to determine whether a specific historical record is still accessible through USCIS or has already moved to NARA’s custody, or if you have questions about how records like these intersect with a pending immigration matter, we welcome the opportunity to help you think through your options. Reach out to Immigration Professional Association to discuss your specific situation and what these proposed changes to the USCIS Genealogy Program may mean for you.
