I-912: USCIS Fee Waiver — Rules and Steps

Form I-912 is the USCIS fee waiver request: the federal rule allows people who cannot afford the fee for certain forms to request that the amount be waived, together with the request itself. The basis is 8 CFR 106.3, and the official I-912 page explains how the request is put together and submitted.

What is the I-912 and what is it for?

The I-912, "Request for Fee Waiver," is the form USCIS designates for requesting a fee waiver for an eligible form. The official page states that it can be used "to request a fee waiver (or submit a written request)" for benefits that accept this type of request, according to USCIS.

The underlying rule states that the person requesting the benefit "must be unable to pay the required fee," according to 8 CFR 106.3(a). The waiver, therefore, is not automatic: it is a request, which USCIS reviews along with the documentation submitted.

What criteria does the rule describe?

The text of the rule describes three ways to demonstrate inability to pay, according to 8 CFR 106.3(a):

Receiving a means-tested public benefit at the time of filing.
Having household income at or below 150% of the Federal Poverty Guidelines.
Facing extreme financial hardship, due to extraordinary expenses or other circumstances that make the person unable to pay the fee.

The I-912 page only details the means-tested benefit route: the evidence must show that the person, the spouse, a parent (when the person is under 21 or is incapacitated), a sibling, or a child who lives with them currently receives the benefit, according to USCIS. What applies to each person depends on the facts and the version of the rule in effect; this text describes what the form and the rule require, without evaluating any individual case.

Which forms can have the fee waived?

The rule separates forms into groups, according to 8 CFR 106.3(a):

Some can have the fee waived with no additional condition, such as the N-400 (naturalization) and the I-90 (green card replacement).
Others only under specific conditions, such as certain employment authorization requests (I-765) and humanitarian parole travel document requests (I-131).
For a list of forms, the waiver only applies to those exempt from the public charge ground of inadmissibility.
Fees for certain self-petitions and protected statuses, such as VAWA, T visa, U visa, and TPS, also appear in the rule.

The official page cites as examples of eligible forms the I-90, the I-485 in certain categories, the I-765 (except DACA), the I-751, the N-400, and the N-600, according to USCIS. The same page states that the I-912 cannot be used to request DACA consideration.

If you want to see how these forms work in detail, these Prime guides explain the steps for two of them: I-90: how to replace your green card and US citizenship: the N-400 document checklist.

Are there waivers that don't depend on a request?

Yes. Paragraph (b) of the rule lists categories of people exempt from specific fees on related forms, according to 8 CFR 106.3(b). These include:

Young people with Special Immigrant Juvenile status.
T visa and U visa holders.
VAWA self-petitioners.
Certain Afghan and Iraqi translators and employees.
Refugees and people admitted as refugees on parole.

Paragraph (c) adds that the USCIS Director may authorize, in whole or in part, the waiver or exemption of a fee that is not otherwise waivable, provided it is in the public interest and consistent with applicable law, according to 8 CFR 106.3(c).

How is the request put together and submitted?

According to USCIS and 8 CFR 106.3(a), the sequence is as follows:

The waiver request accompanies the benefit request. The rule refers to a written request submitted together with the benefit, and the official page indicates that the completed I-912, with supporting documents, is attached to the main form.
The request must state the reason for the inability to pay and include evidence. The rule also requires a statement that the person believes they are deserving of the benefit.
Submission is on paper. The official page states that online filing is not possible when a fee waiver request is included, and the address is the one indicated in the instructions for the main form.
The I-912 should not be submitted after USCIS has already received the main request or petition.
The form must be signed; without a signature, it is rejected.

What evidence does USCIS describe?

For the means-tested benefit route, the documentation must show the beneficiary's name, the agency granting the benefit, the type of benefit, and that it is currently active, for example, a recent letter with effective dates, according to USCIS. Documents in another language need a complete translation into English, with a certification signed by the translator regarding the accuracy and the translator's competence.

What happens if the waiver is denied?

The rule is direct: there is no appeal of a denial of a fee waiver request, according to 8 CFR 106.3(a). Because of this, it is worth checking, before submission, the list of eligible forms and the instructions for the main form.

Where to check the fee amount and the form edition?

The I-912 page does not state the fee amount or the current edition of the form; it refers readers to the USCIS fee schedule and reminds them that the edition date appears in the footer of each printed page, and that all pages must be from the same edition, according to USCIS. Fee amounts change through annual adjustments, so verification should be done using the official fee schedule on the date of filing.

The amendment history of 8 CFR 106.3 lists amendments published on January 31, 2024, March 21, 2024, January 17, 2025, and August 11, 2026, according to the text of the rule. For the complete and current wording, the reference is the eCFR.

What is Prime's role in this?

Prime Immigration Office prepares documents: it organizes the information, checks that the form is complete, and assembles the package for submission. The decision to request the waiver, and the content of the request, are up to the applicant. To see all the guides, visit the Prime blog, and to understand another form that often requires checking the edition and fee, see the guide for I-485 adjustment of status.

Sources

Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.

I-912: USCIS Fee Waiver Request, Rules and Steps