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USCIS requests comment on proposed revisions to Form I-912, Request for Fee Waiver

  1. Date Announced

    Sept. 28, 2018

    USCIS 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]

    View Policy Document View Policy Document View Policy Document View Policy Document
  3. Subsequent Action

    October 24, 2019

    OMB approved this information collection (with change).

    OMB approved this information collection request
  4. Subsequent Action

    October 25, 2019

    USCIS announced on October 25, 2020 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.

    USCIS Updates Fee Waiver Requirements
  5. Subsequent Action

    December 9, 2019

    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. The case is currently held in abeyance until Nov. 16, 2020 as the parties were awaiting publication of USCIS fee rule.

    Order granting preliminary injunction
  6. Subsequent Action

    USCIS published a final rule adjusting fees and restricting fee waiver eligibility on August 3, 2020, effective October 2, 2020. The City of Seattle preliminary injunction has been extended until November 16, 2020, when the court is to determine next steps in the pending litigation. The final fee rule has now been enjoined by two courts, ILRC v. Wolf (N.D. Cal.), Case No. 4:20-cv-05883 (Sept. 29, 2020); NWIRP v. USCIS (D.D.C.), Case No. 1:19-cv-3283 (Oct. 9, 2020).

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

Agencies Affected: USCIS

Prior Policies

  • 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

Subsequent Actions

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