USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance.
This practice advisory describes the changes intended by the 2020 fee rule to fee waivers, explains the new criteria and supporting documentation for those few fee waivers that would remain if the rule goes into effect, and discusses the impact of the litigation on fee waivers.