- You, your spouse, your child, your parent (if you are under 21 or disabled), or your sibling (if you and the sibling are under 21) living with you, are currently receiving a means-tested benefit.
- Your household income is at or below 150% percent of the Federal Poverty Guidelines at the time you file.
- You are currently experiencing extreme financial hardship, including hardship from unexpected medical bills or emergencies, that prevents you from paying the filing fee.
Complete the most current version of Form I-912, Request for Fee Waiver, or write a letter asking for a fee waiver and provide all the necessary information and supporting evidence to establish your eligibility under one of the three criteria listed above.
Please follow all instructions, complete all necessary sections of the forms, and submit proper documentation to avoid common rejection reasons.
Receipt of means-tested benefitA means-tested benefit is a public benefit for which the agency granting the benefit considers your income and resources.
- The benefit may be federally, state, or locally, or tribally funded.
- In general, if you receive a public benefit that based on your income, we consider it that benefit a means-tested benefit.
Some public benefits that, for fee waiver purposes, we consider means-tested benefits include:
- Medicaid, Children's Health Insurance Program (CHIP), and State Children's Health Insurance Program (SCHIP);
- Supplemental Nutrition Assistance Program (SNAP, formerly called Food Stamps) and other similar food assistance programs;
- Temporary Assistance to Needy Families (TANF);
- Supplemental Security Income (SSI);
- Housing, Section 8 Housing Assistance under the Housing Choice Voucher program, Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation), and Housing assistance under the McKinney-Vento Homeless Assistance Act;
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and other childcare programs;
- Low Income Home Energy Assistance Program (LIHEAP) and other energy assistance programs;
- Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act); and
- Any cash benefit provided by the Department of Veterans Affairs or other federal or state, local, or tribal benefit based on veteran status.
If you are receiving a means-tested benefit that is not well known outside of your area, please provide as much information as you can about the benefit. This may include a brochure, contact information, or the website address of the agency granting the benefit.
Some benefits that, for fee waiver purposes, we do not consider means-tested benefits include:
- Medicare;
- Unemployment benefits;
- Social Security benefits;
- Social Security Disability Insurance (SSDI);
- Retirement, Survivors and Disability Insurance (RSDI); and
- Student financial aid, loans, and grants.
Using a family member’s means-tested benefits to qualify
- A requestor may use their spouse’s means-tested benefit to qualify for a fee waiver as long as they are residing with the spouse and are not legally separated.
- A child under 21 years of age may use a parent’s means-tested benefit to qualify for a fee waiver if the child currently lives in the same household as the parent.
- A college student (21 years of age or older) may not use a parent’s means-tested benefit. However, a college student can independently qualify for a fee waiver based on either financial hardship or household income below 150% of the Federal Poverty Guidelines.
- A child over 21 who is disabled and whose parent remains the child’s legal guardian or surrogate may use that parent’s means-tested benefit to qualify for a fee waiver. The adult child may have an assigned representative for the means-tested benefit. The parent or legal guardian may provide the information about the custody and the disability in the financial hardship section. Any information about the parent’s means-tested benefit can be included under the other parts of Form I-912 regarding financial hardship or income below 150% of the Federal Poverty Guidelines.
- A parent may use their child’s means-tested benefit to qualify for a waiver if the parent and child currently reside in the same household.
- A child may use the means-tested benefit of a sibling if both children are under 21 and live in the same household with a common parent.
- The requestor must provide evidence of the relationship to the family member receiving the means-tested benefit (for example, copy of marriage certificate for a spouse or copy of birth certificate if a child) as well as evidence they reside with the qualifying family member.
Documentation showing you are receiving a means-tested benefit
You must provide evidence that you (or your qualifying family member) are currently receiving a means-tested benefit. This evidence should be in the form of a letter, notice, or other official document that contains the required information, including:
- Your name (or the name of the family member receiving the benefit);
- The name of the agency granting the public benefit;
- The type of benefit; and
- An indication that you or your family member are receiving the benefit (for example, the date granted, expiration date, and/or date of renewal, if available)
What if I am currently receiving a means-tested benefit, but my documentation does not show an expiration date?
- If the document does not have an expiration date, we will review the date on the letter or issuance date to confirm it is within 12 months of the date you filed your Form I-912.
- The documentation provided should not be dated more than 12 months from the date you file Form I-912. If the documentation is more than 12 months old and you are still receiving the benefit, provide additional evidence that shows you are currently receiving the benefit.
Does my benefit card count as evidence that I am receiving a means-tested benefit?
- Benefit cards by themselves are not acceptable evidence of a means-tested benefit, unless they contain the recipient’s name, the name of the agency granting the public benefit, the type of benefit, and an indication that you or your family member currently receive the benefit (for example, the date you were granted the benefit and the date it expires or was renewed). States usually do not require applicants to return cards, without any value, after the expiration of benefits.
- You may qualify for a fee waiver if your household income is at or below 150% percent of the Federal Poverty Guidelines when you file. Check the current poverty levels for this year at Poverty Guidelines.
- You must include the head of household’s income in your total household income. For the fee waiver request, the head of household includes, but is not limited to, the head of household as determined by the IRS for filing an IRS Form 1040 or the person that earns most of the income for your household. You can find more information about head of household when filing the IRS Form 1040 at http://www.irs.gov/publications/p501.
- If you are requesting a fee waiver based on household income that is at or below 150% of the Federal Poverty Guidelines and your spouse lives overseas and provides support to your household, include your spouse’s contributions to your household in the total additional income or financial support section. If your spouse living overseas is unemployed and is supported by you, state that on the form. If your spouse lives overseas and provides no support to your household, please include a statement explaining the situation.
Lack of Stable Address
- We will consider lack of stable address when reviewing a fee waiver request. If you receive services from a homeless shelter, please include a currently dated letter from the shelter. The letter should be on the shelter’s letterhead, include a statement that you receive services from the shelter, and be signed by a shelter employee attesting to your situation. If you are homeless but do not reside in a shelter, please include an affidavit from a member of good standing in your community who knows you and can support your claim that you are homeless and unable to pay the fee(s).
- You count someone as part of your household size if that person is:
- You;
- The head of your household (if not you). If the child (under 21 years of age) is applying individually, provide the information of the primary custodial parent;
- Your spouse living with you (if you are separated or your spouse is not living with you, do not include your spouse); or
- Any of the following family members who live with you:
- Your children or legal wards, who are unmarried and under 21 years of age;
- Your children or legal wards, who are unmarried and are at least 21 years of age but under 24 years of age, are full-time students, and who live with you when not at school;
- Your children or legal wards, who are unmarried and for whom you are the legal guardian because they are physically or developmentally disabled or mentally impaired to the extent that they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;
- Your parents; and
- Any other dependents listed on your federal tax return, or on your spouse’s or head of household’s federal tax returns.
- You must include the annual income of your household members as part of your household income.
My relative or roommate lives with me, Does their income count toward my household income?
- If someone lives with you but does not meet the definition of a household member as described above, do not count that person’s income as part of your household income. You should count the specific amount of any financial contribution that you receive from them only if that money was used to support your household. You would list that amount under the additional income or financial support section.
- Example 1: If your uncle lives in your house (which you own) and paid $1,000 towards your mortgage monthly, that $1,000 would be included under additional income or financial support because it was financial support provided to your household.
- Example 2: You share an apartment with a roommate who is not a household member. You pay your own expenses, and your roommate pays his expenses. Your roommate’s income is not part of your household income because the roommate is not financially supporting you. Therefore, you do not include the roommate’s income as part of your household income.
I receive child support, but not the full amount as listed in the court order. Do I include the full amount of the child support as additional income or financial support or only what I actually receive?
- Annotate the actual amount of child support received. If there is a difference between what is stated in a court order or documentation, provide an explanation. Examples of documents may include bank statements, copies of checks, court documents, or other documentation indicating the actual income or financial assistance you are receiving.
How does my marital separation affect my eligibility for a fee waiver?
- If you are requesting a fee waiver based on income at or below 150% of the Federal Poverty Guidelines and are not including your spouse’s income because of a marital separation, please provide a signed statement or documentation to establish that your spouse does not live with you and provides no income assistance. Acceptable documents may include a copy of the court order that formalized your legal separation, a formal notarized property settlement agreement, financial support agreement, or separate mortgage, lease, or utility bills that show you and your spouse live apart.
- Even if you are separated from your spouse, your household income includes any monthly support payments that you receive from your spouse.
Some examples of extreme financial hardship include:
- A medical emergency or illness affecting the noncitizen or the noncitizen’s dependents;
- Unemployment;
- Significant loss of work hours and wages (change in employment status);
- Eviction;
- Homelessness;
- Military deployment of spouse or parent;
- Natural disaster;
- Loss of home (destruction such as fire, water, or collapse);
- Inability to pay basic utilities and rent or mortgage (payments and bills for each month are more than the monthly wages);
- Substantial financial losses to small business that affects personal income;
- Victimization;
- Divorce or death of a spouse that affects overall income; or
- Other situations that could not normally be expected in the regular course of life events.
How to show that you are experiencing extreme financial hardship
- Include a detailed description of why you have extreme financial hardship on the form and provide evidence, including:
- Documentation of income, as provided above;
- Documentation of all assets owned, possessed, or controlled by you and your dependents; or
- Documentation concerning liabilities and expenses owed by you and your dependents, and any other expenses for which you are responsible.
- Examples of evidence that may support your detailed description of extreme financial hardship include:
- Bank statements;
- Pay stubs or proof of unemployment;
- Utility bills;
- Rental agreements;
- Medical bills; and
- Proof of unstable housing or homelessness.
What if I do not have access to documentation that shows my extreme financial hardship?
- If you cannot provide evidence of extreme financial hardship, include in your description an explanation of why you cannot provide evidence. It is always advisable to include an affidavit (signed and dated) from a member of good standing in your community who knows you and can provide more insight into your current financial situation.
- If you lost all forms of evidence in a natural disaster, fire, robbery, or through other means, include an explanation in your description. Please provide a copy of a police report, insurance claim or other report, if available, to support your claim.
- If someone filed a Form I-864, Affidavit of Support under Section 213A of the Act, for you, that person may still be responsible for supporting you. However, we will consider that person’s income or assets in deciding whether you are eligible for a fee waiver only if that person is currently a member of your household.
- For purposes of admission to the United States, USCIS considers current and/or past receipt of public cash assistance for income maintenance and long-term institutionalization at government expense in the totality of the circumstances, taking into account the amount, duration, and recency of the receipt. Current and/or past receipt of benefits alone, however, is not a sufficient basis to determine whether an applicant is likely at any time to become a public charge.
- The receipt of public benefits does not negatively affect the review of the fee waiver request.
You can find detailed guidance on these issues in Volume 8, Part G of the USCIS Policy Manual. Additional information is also available on our Public Charge Resources page.
- We will deny your underlying application or petition if we determine that it involves false documentation, misrepresentation of facts, or other fraud, including fraud on a fee waiver request.
- The form for which you are making the request is not eligible for a fee waiver, or you do not meet the conditions for eligibility.
- You (the requestor) did not sign Form I-912 or the written request, or, if you are under 14, your parent or legal guardian also did not sign.
- You failed to check at least one box in Part 1 of Form I-912 or otherwise indicate your basis for requesting a fee waiver.
- You did not provide evidence that:
- You are currently receiving a means-tested benefit;
- Your household income is at or below 150% percent of the Federal Poverty Guidelines; or
- You are currently experiencing extreme financial hardship.
- You submitted evidence in support of your fee waiver request that is not in English, and you did not provide a certified English translation.
- You submitted Form I-912 or a written request without the petition or application form.
- You did include a full English translation for all documents that have information in a foreign language.
- If we denied your fee waiver and you are not sure why, please read the denial notice (Form I-797, Notice of Action). If, after checking the denial notice, you still do not understand why we denied your fee waiver request, you may email us at lockboxsupport@uscis.dhs.gov.
Forms
Handouts
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (PDF, 147.15 KB)
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (Spanish) (PDF, 150.3 KB)
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (Haitian Creole) (PDF, 158.12 KB)
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (Russian) (PDF, 208.18 KB)
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (Ukrainian) (PDF, 164.25 KB)
- Guidance on Requesting a Fee Waiver for your Form I-765, Application for Employment Authorization (WOLOF) (PDF, 154.53 KB)
- Fact Sheet – Request for Fee Waiver or Form N-400 (PDF, 106.06 KB) (PDF, 145.8 KB)
- Fact Sheet – Promoting Citizenship for Low-Income (PDF, 152.48 KB)
- Fact Sheet – Promoting Citizenship for Homeless (PDF, 119.04 KB)
