Who is eligible for a USCIS fee waiver?

The three ways to show you cannot pay

The rule in 8 CFR 106.3(a)(1) starts from one principle: the party requesting the benefit must be unable to pay the prescribed fee. The regulation says a person shows that by establishing at least one of three things. The first is receipt of a means-tested benefit, as defined in 8 CFR 106.1(f)(3), at the time of filing. That definition is a public benefit where the granting agency considers income and resources, whether federally, state or locally funded, as determined by USCIS. The second is household income at or below 150 percent of the Federal Poverty Guidelines at the time of filing. The third is extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay.

How the request is made

Paragraph (a)(2) requires a written request for permission to have the benefit request processed without payment of a fee, submitted with the benefit request. The request must state the person's belief that they are entitled to or deserving of the benefit, the reasons for the inability to pay, and evidence to support those reasons. The schedule says to use Form I-912 for this and that for most forms a waiver cannot be requested when filing online. The regulation adds that there is no appeal of a denied fee waiver request, so a weak request is costly.

Only some fees can be waived

Paragraph (a)(3) is a closed list. The unconditional list in sub-paragraph (i) includes 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. The conditional list in (ii) includes the I-765 (except DACA), the I-290B in certain cases, and the I-539 for CW-2 status. The I-485 is on the list in (iv), but only if the person is exempt from the public charge ground of inadmissibility. Paragraph (iii) covers all fees for VAWA self-petitioners and for T, U and TPS benefit requests, and certain others. If a form is not on the list, a waiver is not available under this paragraph; the I-130 is one example, as the table shows.

Exemptions are different from waivers

A fee exemption means the form is free by rule and no request is needed. Paragraph (b) of 8 CFR 106.3 lists humanitarian exemptions for Special Immigrant Juveniles, T and U nonimmigrants, certain Afghan and Iraqi special immigrants, abused spouses and children under the Cuban Adjustment Act, HRIFA and NACARA, battered spouses and children, and refugees. The schedule explains the practical difference: a fee-exempt row lists $0 and needs no I-912, while a waiver needs a request with evidence. The USCIS Director also keeps discretionary authority in paragraph (c) to waive or exempt a form fee in the public interest, which may be delegated only to the Deputy Director.

What no waiver covers

The schedule says that fees required under Public Law 119-21 are not waivable and must be paid by separate payment concurrent with any filing fee, even when there is no filing fee for the form or a waiver was requested. It also says you may request a waiver of the filing fee set by USCIS, if otherwise eligible, while paying the Public Law 119-21 fee. Premium processing, under 8 CFR 106.4(b), may not be waived either.

Worked example

A household receives a means-tested benefit and a family member needs to replace a green card. The I-90 is on the unconditional list, the first test is met, and the request goes in with the form on paper. The same household files an I-485 and must also be exempt from the public charge ground to qualify for a waiver of that fee. A household with income at 300 percent of the guidelines fails the 150 percent test for a waiver but may qualify for the N-400 reduced fee, a separate rule on the N-400 page. The table above prints each form from the regulation.

Sources

• eCFR, 8 CFR § 106.3 Fee waivers and exemptions (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
• eCFR, 8 CFR § 106.2 USCIS fees (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
• eCFR, 8 CFR § 106.1 Definitions and online discount (title 8, issue date October 14, 2026; eCFR up to date as of October 29, 2026). Read November 2, 2026.
• USCIS Form G-1055, Fee Schedule, edition 10/26/26, and the G-1055 PDF. Read November 2, 2026.

Editions read: eCFR title 8 as of the October 14, 2026 issue date, and Form G-1055 edition 10/26/26. Both were read on November 2, 2026. Fees in this area changed repeatedly in 2024, 2025 and 2026; where the two sources differ, this page says so and does not choose between them. If you need to rely on an amount, confirm it with the official USCIS fee calculator on the day you file, and talk to an immigration attorney or accredited representative about your own case.