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USCIS fee waiver (Form I-912): which forms qualify and how it works

Only the fees listed in 8 CFR 106.3(a)(3) can be waived, and the green card petition for a relative (I-130) and advance parole are not on the main list. Inability to pay is shown by a means-tested benefit, household income at or below 150% of the poverty guidelines, or extreme financial hardship. A denial cannot be appealed.

The USCIS fee waiver is the main way people who cannot afford a filing fee ask USCIS to process a request without one. The form for it, Form I-912, itself costs nothing. The rules are narrower than most pages suggest: the regulation says "Only the following fees may be waived", and then lists them. Many common fees are not on the list.

This page uses 8 CFR 106.3 and 106.2, the definitions in 106.1(f), the HHS 2026 poverty guidelines (91 FR 1797) and the new mandatory e-filing rule (91 FR 51924), all read on 9 October 2026. It does not say whether a person qualifies, whether to ask for a waiver or which route is right. The household count, the income evidence and the choice between a waiver and a reduced fee are matters for the form instructions and, in a hard case, for an attorney or accredited representative.

Three ways to show inability to pay

8 CFR 106.3(a)(1): "The party requesting the benefit must be unable to pay the prescribed fee. A person demonstrates an inability to pay the fee by establishing at least one of the following criteria":

  1. A means-tested benefit "at the time of filing";
  2. household income at or below 150 percent of the Federal Poverty Guidelines "at the time of filing"; or
  3. extreme financial hardship "due to extraordinary expenses or other circumstances that render the individual unable to pay the fee."

The definitions are in 8 CFR 106.1(f). A "means tested benefit" is, "as determined by USCIS, a public benefit where the agency granting the benefit considers income and resources," which "may be federally, state, or locally funded", and "in general, for a benefit that was granted based on income, USCIS considers it a means-tested benefit." The "Federal Poverty Guidelines" are "the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services."

2026 numbers. The HHS guidelines published at 91 FR 1797 on 15 January 2026 give, for the 48 contiguous states and the District of Columbia:

| Household size | 100% | 150% (waiver line) | |---|---|---| | 1 | $15,960 | $23,940 | | 2 | $21,640 | $32,460 | | 3 | $27,320 | $40,980 | | 4 | $33,000 | $49,500 | | 5 | $38,680 | $58,020 |

For households of more than eight, HHS adds $5,680 per additional person, and Alaska and Hawaii have separate tables. The 150% column is our arithmetic from HHS's 100% figures. USCIS publishes the table and the edition it applies in the form instructions, so check which one applies on the day you file.

What the regulation does not define. Part 106 does not say who counts in the household or which income counts. It does not name which benefit programs USCIS treats as means-tested. The Form I-912 instructions are the authority for those.

The cost of getting it wrong. A request filed with a waiver request that is not granted may be rejected, or the filing may need to be made again with the fee. 8 CFR 103.2(a)(7)(ii) says a rejected request "will not retain a filing date", and a request not "Submitted with the correct fee(s)" is rejected. Where a deadline is running, for example an appeal or motion window, that matters.

Which fees can be waived, and which cannot

8 CFR 106.3(a)(3) opens with the words "Only the following fees may be waived", then lists four groups.

Group 1: waivable "without condition" (106.3(a)(3)(i)).

| Form | What it is | |---|---| | I-90 | Replace a Permanent Resident Card | | I-191 | Relief under former INA 212(c) | | I-751 | Remove conditions on residence | | I-817 | Family Unity benefits | | I-821 | Temporary Protected Status | | I-881 | Suspension of deportation or special rule cancellation (NACARA) | | N-300 | Declaration of intention | | N-336 | Hearing on a naturalization denial | | N-400 | Naturalization | | N-470 | Preserve residence for naturalization | | N-565 | Replacement naturalization or citizenship document | | N-600 | Certificate of Citizenship | | N-600K | Citizenship and certificate under INA 322 |

Group 2: waivable on conditions (106.3(a)(3)(ii)). These include the I-131 "when filed to request humanitarian parole"; the I-290B appeal or motion "when there is no fee for the underlying application or petition or that fee may be waived"; the I-765 work permit "except persons filing under category (c)(33), Deferred Action for Childhood Arrivals"; the I-694 appeal under INA 245A or 210 where the underlying filing was fee exempt, waived or eligible for a waiver; certain CNMI forms; and, since 11 August 2026, the I-936 request for waiver of the e-filing requirement, subject to the condition in the text.

Group 3: every fee for specific protected groups (106.3(a)(3)(iii)). "Any fees associated with the filing of any benefit request" by VAWA self-petitioners, T nonimmigrant applicants, U nonimmigrant applicants, battered spouses of certain nonimmigrants, special rule cancellation for a battered spouse or child, and Temporary Protected Status applicants.

Group 4: waivable only if exempt from the public charge ground (106.3(a)(3)(iv)). The I-192, I-193, I-485 and I-601. The I-485 can therefore be waived only for a person "exempt from the public charge grounds of inadmissibility under section 212(a)(4) of the Act."

What is not on the list. The I-130 petition, the I-129F fiancé(e) petition, the I-131 for advance parole (as opposed to humanitarian parole), the I-907 premium processing request, and the H-1B and other employer petitions do not appear in the four groups. The premium processing rule says so directly: "The fee to request premium processing service may not be waived" (106.4(b)). A person who needs a waiver for a form that is not listed has the regulation's other tools: a humanitarian exemption under 106.3(b), or the Director's discretion under 106.3(c).

Humanitarian exemptions (106.3(b)). These are different from waivers: the fee does not apply. The groups are persons seeking or granted Special Immigrant Juvenile classification; T nonimmigrant status; special immigrant status as certain Afghan and Iraqi translators and government employees; adjustment as abused spouses or children under the Cuban Adjustment Act and HRIFA; U nonimmigrant status; VAWA self-petitioners; abused spouses and children applying under NACARA; battered spouses and children applying for cancellation of removal; and refugees, persons paroled as refugees, and permanent residents who obtained status as refugees. Each lists the forms covered.

Director's discretion (106.3(c)). "The Director of USCIS may authorize the waiver of or exemption from, in whole or in part, a form fee … that is not otherwise waivable or exempt under this section, if the Director determines that such action is in the public interest and consistent with the applicable law." The authority "may be delegated only to the USCIS Deputy Director." It is not a route an applicant can invoke by form.

How a request is made and what happens to it

The request. 8 CFR 106.3(a)(2): "To request a fee waiver, a person requesting an immigration benefit must submit a written request for permission to have their request processed without payment of a fee with their benefit request. The request must state the person's belief that he or she is entitled to or deserving of the benefit requested, the reasons for his or her inability to pay, and evidence to support the reasons indicated." The regulation describes the contents, not the form number. USCIS's form for the purpose is the I-912, which carries no fee (8 CFR 106.2(a)(60): "Request for Fee Waiver, Form I-912. To request a fee waiver. No fee.").

It goes in with the benefit request. The words are "with their benefit request." A waiver request sent separately after the main filing is not what the text describes.

No appeal. "There is no appeal of the denial of a fee waiver request." The regulation does not say what USCIS does with the underlying request when a waiver is refused, and that treatment is set by USCIS procedure and the form instructions. A person who files an urgent request, for example a naturalization application or an appeal close to its deadline, with a waiver request that fails may be in a different position from someone who paid the fee. That is a question to put to an attorney or accredited representative before filing.

Waiver or reduced fee. For the N-400 these are two separate mechanisms. The waiver test above applies at 150 percent of the poverty guidelines or on a means-tested benefit. The $380 reduced N-400 fee in 8 CFR 106.2(b)(3) applies at or below 400 percent. The reduced fee does not require a waiver request, and the 106.1(g) online discount does not apply to it. See our N-400 fee guide.

E-filing. The mandatory e-filing rule (91 FR 51924, in effect since 11 August 2026) created the I-936 request to waive the requirement to e-file, at $25 under 106.2(a)(64). That fee can itself be waived only where the form for which the e-filing waiver is requested falls within 106.3(a)(3)(iii). See our guide to filing online with USCIS.

Fee waivers and the immigration court. Fees in the immigration court are separate. 106.3(a)(4) says the authority of immigration judges and the Board to waive court fees is in 8 CFR 1003.8 and 1003.24. This page does not cover those.

Numbers to keep in context. Waivable fees are large relative to the income lines. On the regulation text, the N-600 at $1,385 and the N-400 at $760 are both waivable without condition, and the N-336 hearing request at $830 is as well. The I-485 for an adult is $1,440 but can be waived only for a person exempt from the public charge ground.

Common mistakes and who can help

The regulation text suggests where requests fail.

  • Asking for a waiver of a fee that is not listed. If it is not in the four groups, the waiver provision does not apply.
  • Relying on a single year's income. The tests are "at the time of filing."
  • Using the wrong poverty table. HHS updates it every January and USCIS names the edition in the form instructions.
  • Missing the evidence. The rule requires "evidence to support the reasons indicated."
  • Sending the request after the main filing. The text says "with their benefit request."
  • Assuming a refusal can be appealed. It cannot.
  • Assuming a waiver covers everything in a package. Group 1 and 2 waivers apply form by form. A premium processing request, an I-131 for advance parole or an I-130 filed with a waived form still carries its own fee. Fees not on the list must be paid.

Where to get help. A fee waiver request is usually a form with attached evidence, not legal argument, but the decision whether to file for a waiver, and for which form, is one with consequences. 8 CFR 292.1 lists who may represent a person before USCIS. A recognized organization that charges fees must have "a written policy for accommodating clients unable to pay fees for immigration legal services" (8 CFR 1292.11(a)(1)). See our guide to low-cost and no-cost immigration legal help.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Which USCIS forms can have the fee waived?

Under 8 CFR 106.3(a)(3), unconditionally the I-90, I-191, I-751, I-817, I-821, I-881, N-300, N-336, N-400, N-470, N-565, N-600 and N-600K. Others are waivable on conditions, for particular groups, or only if exempt from the public charge ground (the I-485, I-601, I-192 and I-193). Anything not listed cannot be waived under that provision.

What income qualifies for a USCIS fee waiver in 2026?

Household income at or below 150% of the Federal Poverty Guidelines at the time of filing, or receipt of a means-tested benefit, or extreme financial hardship. On the 2026 HHS table for the 48 states, 150% is $23,940 for one person and $40,980 for three. The form instructions say which table and which income count.

Does Form I-912 cost anything?

No. 8 CFR 106.2(a)(60) lists the Request for Fee Waiver, Form I-912, with no fee.

Can I appeal if my fee waiver is denied?

No. 8 CFR 106.3(a)(2) says there is no appeal of the denial of a fee waiver request.

Can the I-485 or I-130 fee be waived?

The I-485 can be waived only for a person exempt from the public charge grounds of inadmissibility (8 CFR 106.3(a)(3)(iv)). The I-130 does not appear in the list of waivable fees in 106.3(a)(3). Humanitarian exemptions in 106.3(b) cover some categories.

Sources

Last checked 2026-10-09.

Related guides

  • USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.
  • N-400 fee in 2026: $760, the $380 reduced fee and fee waivers — The regulation sets the N-400 fee at $760, or $380 if documented household income is at or below 400% of the Federal Poverty Guidelines (8 CFR 106.2(b)(3)). The fee can also be waived on the three grounds in 8 CFR 106.3(a)(1). Military applicants under INA 328 or 329 pay nothing.
  • Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.
  • Form I-485 fee 2026: adults, children and add-on forms — As at 9 October 2026 the paper fee for Form I-485 is $1,440 for an applicant 14 or older and $950 for a child under 14 filing with a parent (8 CFR 106.2(a)(21)). A fee waiver is available only to people exempt from the public charge ground, and related forms carry their own fees.
  • Form N-600: applying for a Certificate of Citizenship — Form N-600 costs $1,385 under 8 CFR 106.2(b)(7), with no fee for current or former US armed forces members applying for themselves or for a child with a qualifying final adoption. The applicant bears the burden of proving citizenship by a preponderance of the evidence (8 CFR 341.2(c)). A denied N-600 cannot simply be refiled once appeal time has run.
  • Form I-90: replacing or renewing a green card — Form I-90 costs $465 under 8 CFR 106.2(a)(1), with no fee if the card never arrived, carries a DHS error, or the holder turned 14 and the card expires after their 16th birthday. 8 CFR 264.5(b) lists when a permanent resident shall apply, including when the card is lost, stolen, mutilated, or will expire within six months.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.