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04/22/2019

On April 5, 2019, DHS announced it intends to proceed with proposed changes to the fee waiver process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. This practice alert provides a brief overview of some of the main changes practitioners can expect with the rule change. We do not know exactly when the revised Form I-912 and fee waiver process will take effect, but anticipate it may be shortly after the latest comment period closes on May 6, 2019. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a fee waiver based on receipt of means-tested benefits to apply as soon as possible, before this option is eliminated.