Form I-912 explained: Request for Fee Waiver

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-912's official title is Request for Fee Waiver, and it is decided by U.S. Citizenship and Immigration Services (USCIS). It is not an immigration application on its own; it is attached to an immigration application (for example, an N-400 naturalization application or an I-90 green card replacement) to ask USCIS to waive the fee for that application. If it is approved, you do not pay the government fee for that application; if it is denied, the entire application is returned.

The most important thing to understand about the I-912 is that fee waivers are available only for certain forms and categories listed in the regulations. Most applications related to family-based, employment-based, and investment-based immigration (for example, I-130, I-140, I-129, I-526E, and I-601A) cannot be waived, even if the applicant is genuinely in financial difficulty. In addition, several new statutory fees created by the "H.R. 1" legislation, effective July 2025, are expressly not waivable. Before filing, always confirm that your form and category are eligible for a waiver.

At a glance

Item	Details
Official title	Form I-912, Request for Fee Waiver
Decided by	USCIS (fee waivers in immigration court, EOIR, follow a separate process)
Who files	The applicant requesting the fee waiver (for those under 14 or legally incapacitated, signed by a qualifying representative)
When to file	At the same time as the corresponding immigration application; it cannot be filed on its own or added after the application has been accepted
Online filing	No. The I-912 and the corresponding application must both be filed on paper
Fee for the I-912 itself	Check the USCIS form page and fee schedule
Alternative	A written request may be submitted instead of the I-912, but it must contain the same information and evidence; using the I-912 makes omissions less likely
Official page	uscis.gov/i-912

Which forms are eligible for a fee waiver

According to the official USCIS page and the Policy Manual (Volume 1, Part B, Chapter 4), eligible forms fall broadly into three groups. The following is a summary; the specific conditions follow the current official list.

1. Generally waivable (only inability to pay must be shown)

I-90 (green card renewal or replacement);
I-751 (removing conditions on a marriage-based green card);
N-400 (naturalization), N-300, N-336 (hearing after a naturalization denial), N-470, N-565, N-600, N-600K;
I-191, I-817, I-881, and others, as well as the TPS-related I-821 (but see the limits on H.R. 1 fees below).

2. Conditionally waivable (specific status requirements must also be met)

I-485 and I-601: generally only for categories exempt by law from the public charge ground (such as certain humanitarian categories). The I-485 and I-601 in ordinary family-based and employment-based cases cannot be waived.
I-192, I-193: for certain applicants exempt from the public charge ground;
I-765: most categories are eligible, but DACA-related work permits cannot be waived;
I-131: only for specific purposes such as humanitarian parole;
I-290B: where the original application was fee-exempt, received a fee waiver, or was in a waivable category;
Specific CNMI categories of the I-129CW and I-539, among others.

3. Humanitarian categories

Battered spouses and children, T and U visa applicants, VAWA self-petitioners, TPS applicants, Special Immigrant Juveniles (SIJ), refugees and asylees, and others usually have broader fee waiver or exemption arrangements for the relevant applications. Under the 2024 USCIS fee rule, certain forms in some humanitarian categories have a fee exemption, which applies automatically with no I-912 needed; which forms and categories qualify follows the USCIS fee schedule G-1055.

Common situations that cannot be waived

Most family-based, employment-based, and investment-based applications: I-130, I-129F, I-140, I-129 (except specific CNMI categories), I-526, I-526E, I-829, the I-907 premium processing fee, etc.;
The I-601A provisional unlawful presence waiver;
DACA-related applications (I-821D and the related work permit): USCIS expressly does not accept the I-912, and only limited fee exemptions exist;
Statutory fees imposed by the 2025 "H.R. 1" legislation (see below);
Immigration court (EOIR) forms: USCIS cannot waive EOIR fees; requests must be made to the immigration judge.

Eligibility standards: any one of three

Meeting any one of the following is enough. Generally, look at standard 1 first; if it does not apply, look at standard 2, and finally standard 3.

Standard 1: currently receiving a means-tested benefit

You, or an eligible household member such as your spouse or a child living with you, are currently receiving a public benefit for which eligibility is based on income and resources, such as Medicaid, SNAP (food stamps), TANF, SSI, Section 8 housing assistance, WIC, or CHIP. You must provide documentation from the benefit agency showing the recipient's name, the agency's name, and the type of benefit, and demonstrating that the benefit is still being received.

Standard 2: household income at or below 150% of the federal poverty guidelines

Your household income at the time of filing is at or below 150% of the Federal Poverty Guidelines published by the U.S. Department of Health and Human Services (HHS). The guidelines are updated every year and vary by household size and state of residence (Alaska and Hawaii have separate figures). USCIS also publishes the poverty guideline figures used for fee waivers on Form I-912P; use the figures in effect for the current year when filing.

Household members: generally include you, your spouse living with you, children who depend on you (such as unmarried children under 21 and certain full-time students), and anyone listed as a dependent on your tax return;
Proof of income: your most recent federal tax return or tax return transcript, W-2, or recent pay stubs (see the form instructions for specific requirements); unemployment benefits, Social Security income, child support, alimony, and similar income must also be counted and documented. An unsigned tax return on its own is not accepted;
VAWA, T, and U applicants do not need to include the income of the abuser, trafficker, or perpetrator, or of that person's spouse.

Standard 3: financial hardship

Essentially all of your income and liquid assets go toward basic living expenses, and you cannot afford the filing fee. Common situations include sudden medical expenses, unemployment, eviction, homelessness, natural disasters, and being a victim of crime. You must provide a written explanation and whatever proof of income, assets, and expenses you can obtain (medical bills, proof of unemployment, leases, debt records, etc.); if you have no income at all, you can provide a detailed explanation, letters from charities or assistance organizations, and similar proof.

The 2025 "H.R. 1" fees cannot be waived

The "H.R. 1" legislation signed on July 4, 2025 (also known as the One Big Beautiful Bill Act) created new statutory fees for a number of immigration applications, involving asylum applications and annual asylum fees, parole, TPS, certain categories of work authorization, Special Immigrant Juveniles, and others. The law expressly provides that these fees cannot be waived, and USCIS has published implementing procedures accordingly. The practical effect:

Even if you qualify under the I-912 and can have the pre-existing USCIS fee waived, you must still pay the portion of the fee imposed by H.R. 1;
For example, TPS, humanitarian parole, and certain work authorization applications that could previously be fully waived may now be only partially waivable;
USCIS has announced that applications filed after the relevant fees take effect without the H.R. 1 fee will be rejected; the effective dates and covered forms follow the official announcements.

The specific H.R. 1 fee amounts are adjusted for inflation; rely on USCIS's current publications rather than older fee information. Verify the latest rules before filing.

Tips for completing the form

Basis for the waiver: choose the standard you are relying on (benefits, income, or financial hardship), and confirm that the corresponding form and category are waivable.
Applicant and household member information: if related applications are being filed for family members at the same time, they can be listed on the same I-912, following the form instructions. The household size must match your tax return and benefit documents.
Income, assets, and expenses: report all sources of income truthfully, and make sure the figures match your supporting documents; inconsistencies are a common reason for denial.
Signature: every applicant must sign (for those under 14 or legally incapacitated, the legal representative signs); unsigned requests are returned.
Edition and pages: download the current edition from the official page; all pages must come from the same edition, with none missing.

Evidence and documents to prepare

Documents showing your application is in a waivable category (such as I-797 notices and relevant proof of status);
Benefits standard: a letter, notice, or other official document from the benefit agency;
Income standard: tax returns or transcripts, W-2s, pay stubs, proof of unemployment or Social Security income, etc.;
Financial hardship standard: a written explanation, plus medical bills, proof of unemployment, eviction notices, and proof of debts and expenses, etc.;
Foreign-language documents must include a complete English translation and a translator's certification; see Translation requirements.

How to file

Place the completed I-912 and all supporting documents on top of the corresponding application, and file them together on paper at the address given in that application's form instructions. Do not file the I-912 separately, and do not add it after the application has already been filed. The federal government has been moving toward electronic payment in recent years; if part of the fee for the application (such as an H.R. 1 fee) must still be paid, follow current official instructions for payment methods, and state clearly in a cover letter which portion you are requesting to waive and which portion you have paid. For how to look up fees, see How to check filing fees and processing times.

Results after filing

Approval: USCIS accepts the corresponding application and issues a receipt; the application then follows its normal process (to check status, see Checking your USCIS case status).
Denial: if the fee waiver is denied, the entire application is returned (rejected), with an explanation. USCIS does not issue Requests for Evidence (RFEs) on fee waivers.
No appeal: a fee waiver denial cannot be appealed. You can file a new I-912 with complete documentation, or pay the full fee and refile the application.
Deadlines are not extended: requesting a fee waiver does not extend any legal deadline. For example, an I-290B appeal or motion usually has a deadline of about 30 days; if the waiver is denied and the filing returned, the deadline is not extended. For applications with a deadline, leave time to refile, or consider paying the fee outright.

Common reasons for denial

The corresponding form or category is not eligible for a fee waiver;
Household income exceeds 150% of the poverty guidelines, and no other standard is met;
Household size or income figures are inconsistent with the supporting documents;
The benefit documentation is out of date or does not show that the benefit is currently being received;
Missing proof of income, or an unsigned tax return;
Unsigned, wrong edition, or missing pages;
The non-waivable H.R. 1 fee was not paid.

How the I-912 differs from related arrangements

Arrangement	What it means	Do you need to request it?
Fee waiver (I-912)	Eligible applicants do not pay the fee for waivable forms	Yes; submit an I-912 or written request with the application
Fee exemption	The regulations provide that specific forms in specific categories carry no fee	No; applies automatically — see G-1055
N-400 reduced fee	Naturalization applicants with income within a certain range pay a lower fee	Requested in the application per the N-400 instructions; conditions follow official rules
EOIR fee waiver	Fee waivers in immigration court proceedings	Requested from the immigration judge under EOIR rules; H.R. 1 fees are limited there as well

Common questions

My income is very low. Can I get a fee waiver for the I-130 or I-485?

The I-130 cannot be waived. The I-485 can be waived only in specific categories exempt by law from the public charge ground (such as certain humanitarian categories); the I-485 in ordinary family-based and employment-based cases cannot be waived.

Can I get a fee waiver for naturalization?

The N-400 is one of the forms eligible for a fee waiver, and meeting any one of the three standards is enough. If your income is slightly higher and you do not qualify for a waiver, check whether the N-400 reduced fee option applies. See Naturalization requirements and process.

What happens to my application if the fee waiver is denied?

The entire application is returned and treated as not filed. You can request the waiver again with complete documentation, or pay the full fee and refile. If the application has a deadline, pay particular attention to timing.

Can I file my application online and request a fee waiver?

No. When requesting a fee waiver, both the I-912 and the corresponding application must be filed on paper.

Will receiving benefits affect my future immigration applications?

This involves the public charge rules and depends on your status, the type of benefit received, and the category you will apply under in the future. The public charge rules have changed considerably in recent years, so it is advisable to have an attorney assess this before relying on benefits as the basis for a waiver.

If several family members file applications together, does each person need a separate I-912?

Related applications for family members filed at the same time can be listed on the same I-912, per the form instructions, or the requests can be made separately.