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Original Date Announced
September 28, 2018USCIS requests comment on proposed revisions to Form I-912, Request for Fee Waiver. The revised form will not permit a fee waiver based on receipt of a means-tested benefit but will instead consider household income measured against the poverty-guideline threshold and financial hardship criteria. [ID #948]
Federal Register Notice: Agency Information Collection Activities; Revision of a Currently Approved Collection: Request for Fee Waiver Table of Changes - Form I-912 Supporting Statement Table of Changes - Form I-912 instructionsSubsequent Trump-Era and Court Action(s)
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October 24, 2019
OMB approved this information collection request
OMB approved this information collection (with change).
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October 25, 2019
USCIS Updates Fee Waiver Requirements
USCIS announced on October 25, 2019 its plans to eliminate means-tested benefit as a criterion to apply for a filing fee waiver by issuing a new Form I-912 that would take effect on December 2, 2019.
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December 11, 2019
Order granting preliminary injunction
On December 9, 2019, Judge Maxine Chesney of the Northern District of California issued a nationwide preliminary injunction, halting USCIS’ implementation of the revised Form I-912. This means that USCIS must continue to accept filing fee waivers based upon the receipt of a means-tested benefit for now.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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October 8, 2020
Northwest Immigrant Rights Project v. USCIS, Civil Action No. 19-3283 (DDC Oct. 9, 2020).
USCIS published a final rule adjusting fees and restricting fee waiver eligibility on August 3, 2020, effective October 2, 2020. On October 9, 2020, D.D.C. granted a preliminary injunction, staying the effective date of the Final Rule pending resolution of the matter or further order of the court.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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January 29, 2021
Federal Register Notice of Preliminary Injunction
USCIS issued a notification of preliminary injunction to inform the public of two preliminary injunctions ordered by Federal district courts affecting the USCIS Final Fee Rule. The court orders were effective September 29, 2020 and October 8, 2020.
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Current Status
Not in effectOriginal Trump Policy Status
Status: In Litigation Enjoined/VacatedTrump Administration Action: Forms and Information CollectionSubject Matter: Humanitarian Non-Immigrant Visas Immigrant VisasAgencies Affected: USCISAssociated or Derivative Policies
- August 3, 2020 USCIS issues final rule increasing fees
Pre Trump-Era Policies
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March 11, 2011
In 2011, USCIS issued policy guidance to streamline fee waiver adjudications. The 2011 Fee Waiver Policy established a streamlined process where if the individual provided proof of a means- tested benefit, the fee waiver will normally be approved for forms listed in 8 CFR section 103.7(c)(3) for applicants who at time of filing the fee waiver request with the benefit application: • Were receiving a means-tested benefit; • Had a household income at or below 150 percent of the Federal Poverty Guidelines (FPG); or • Were experiencing extreme financial hardship such as unexpected medical bills or emergencies.
PM-602-0011.1 USCIS Fee Waiver Guidelines