New USCIS Fee Exemptions

Practice Advisory | March 2024

MARCH 2024

NEW USCIS FEE EXEMPTIONS

For Immigrant Survivors of Abuse, Trafficking,

and Other Crimes

By Alison Kamhi, Elizabeth Taufa, Kate Mahoney, and

Rachel Prandini

On January 31, 2024, USCIS Published its final rule on fee changes for applications, due to

take effect on April 1, 2024 (“New Fee Rule”). The New Fee Rule can be found in the Federal

Questions at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-

fee-rule. USCIS also published a new fee schedule reflecting the New Fee Rule, available

here: https://www.uscis.gov/g-1055. Several forms and instructions will also be updated as a

result of the New Fee Rule.

Although the New Fee Rule will result in increased fees for many applications, it eliminates

most application fees for immigrant survivors of abuse, crime, and human trafficking

(“survivors”), without the need to file a fee waiver request. The New Fee Rule also provides

that applications filed online

where a fee is required are eligible for a $50 discount.

This practice alert will explain which categories and forms will be eligible for fee exemptions

under the New Fee Rule; address changes to the fee waiver policy that also benefit survivors;

and identify some unknowns that need clarification. These fee exemptions are a welcome

development, and the ILRC applauds USCIS for listening to our collective voices advocating to

increase survivors’ access to immigration relief.

ALERT: On March 19, 2024, opponents of the New Fee Rule filed a lawsuit in Federal District

Court in Colorado, challenging the regulation under the Federal Antideficiency Act and the

Administrative Procedures Act. See Moody, et al. v. Mayorkas, et al., Case No. 1:34-cv-00762-

REB (D. Colo. Mar. 19, 2024).

At the time of writing, the New Fee Rule is still set to take effect

on April 1, 2024, but practitioners should stay tuned for updates as this lawsuit progresses.

A list of applications available for online filing can be found at https://www.uscis.gov/file-online/forms-

available-to-file-online. The $50 online filing discount is not available for Form I-821D, Consideration of

Deferred Action for Childhood Arrivals, or for form I-821, Application for Temporary Protected Status.

The lawsuit, brought by EB-5 investors and technology-sector advocates, challenges fee-hikes for

employment-based visas and the Asylum Program Fee introduced by the New Fee Rule. The complaint

does not appear to challenge any of the survivor-based fee exemptions discussed in this Practice Advisory.

NEW USCIS FEE EXEMPTIONS

2 FOR IMMIGRANT SURVIVORS OF ABUSE, TRAFFICKING, AND OTHER CRIMES | MARCH 2024

I. How Does the New Fee Rule Expand Fee Exemptions?

The New Fee Rule makes most applications filed by survivors fee-exempt, meaning NO fee or

fee waiver is required.

These categories include:

• T Nonimmigrants (survivors of severe forms of human trafficking);

• U Nonimmigrants (survivors of certain qualifying crimes);

• Special Immigrant Juveniles (SIJS);

• VAWA Self-Petitioners;

• Applicants for VAWA Cancellation of Removal;

• Afghan & Iraqi Special Immigrants; and

• Applicants seeking benefits under other VAWA categories.

This practice alert focuses on fee exemptions for T visas, U visas, SIJS, and VAWA self-

petitioners, but practitioners should be aware of the New Fee Rule’s benefits for the other

groups as well. After the New Fee Rule goes into effect on April 1, 2024, applicants in these

categories will no longer have to file a fee or fee waiver request with applications enumerated

in the New Fee Rule.

II. What Forms Are Fee Exempt for Survivor-Based Benefits?

Currently, most survivor-based benefits include fee exemptions for only the principal

application or petition, which means that applicants must either pay the filing fee or seek a fee

waiver for related applications and in subsequent application processes. For example, under

the current fee schedule, although Form I-918, Petition for U Nonimmigrant Status, is fee-

exempt, related forms such as the I-192, Request for Waiver of Inadmissibility, are not fee-

exempt and therefore applicants must either file a fee waiver request or pay the fee. Under the

New Fee Rule, applications filed in survivor-based categories are fee-exempt for all related

applications through adjustment of status; only green card renewals and citizenship-related

forms will require that a fee be paid, or a fee waiver be filed with the application.

The chart below details which forms will be fee-exempt for survivors starting on April 1, 2024:

See U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration

Benefit Request Requirements, 89 Fed. Reg. 6,194, 6,196 (Jan. 31, 2024). Table 5C lists the forms that will

be eligible for fee exemptions and waivers starting on April 1, 2024.

These groups include conditional permanent residents filing a waiver of the joint-filing requirement based

on battery or extreme cruelty; abused spouses and children adjusting status under the Cuban Adjustment

Act and the Haitian Refugee Immigration Fairness Act; abused spouses and children seeking benefits under

NACARA; and abused spouses of certain nonimmigrants. See 89 Fed. Reg. at 6,391 (to be codified at 8

CFR § 106.3(b) (Apr. 1, 2024)).

On April 1, 2024, USCIS will update its online fee calculator to reflect the new fees and new fee

exemptions, https://www.uscis.gov/feecalculator.

See 89 Fed. Reg. at 6,392 (to be codified at 8 CFR § 106.3(b)).

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FOR IMMIGRANT SURVIVORS OF ABUSE, TRAFFICKING, AND OTHER CRIMES | MARCH 2024 3

U Nonimmigrants

• Initial petitions (I-918, I-918 Supp A & B)

• I-192, Application for Waiver of Inadmissibility

• I-193, Application for Waiver of Passport

• I-539, Application to Extend Nonimmigrant Status

(only if filed before I-485)

• I-485, Application to Adjust Status

• I-601, Application for Waiver of Inadmissibility*

• I-929, Petition for Qualifying Relative of a U-1

• I-824, Application for Action on an Approved

Application or Petition

• I-131, Application for Advance Parole

• I-290B, Notice of Appeal or Motion to Reopen or

Reconsider

†

• I-765, Application for Employment Authorization

(includes all I-765s for all applicable categories at

any stage, for principals and derivatives, including

deferred action BFD, waitlist, nonimmigrant status,

adjustment, renewals, and replacements)

T Nonimmigrants

• Initial petitions (I-914, I-914 Supp A & B)

• I-192, Application for Waiver of Inadmissibility

• I-193, Application for Waiver of Passport

• I-539, Application to Extend Nonimmigrant Status

• I-485, Application for Waiver of Inadmissibility

• I-601, Application for Waiver of Inadmissibility

• I-824, Application for Action on an Approved

Application or Petition

• I-131, Application for Advance Parole

• I-290B, Notice of Appeal or Motion to Reopen or

Reconsider

†

• I-765, Application for Employment Authorization

(includes all I-765s for all applicable categories at

any stage, for principals and derivatives, including

nonimmigrant status, adjustment, renewals, and

replacements)

Special Immigrant Juveniles

• I-360, Petition for SIJ Classification

• I-485, Application to Adjust Status

• I-601, Application for Waiver of Inadmissibility

• I-601A, Application for Provisional Waiver of

Unlawful Presence*

• I-824, Application for Action on an Approved

Application or Petition

• I-131, Application for Advance Parole

• I-290B, Notice of Appeal or Motion to Reopen or

Reconsider

†

• I-765, Application for Employment Authorization

(includes all I-765s for all applicable categories at

any stage, including deferred action, adjustment,

renewals, and replacements)

VAWA Self-Petitioners

• I-360, Petition as VAWA Self-Petitioner

• I-485, Application to Adjust Status

• I-212, Application for Permission to Reapply for

Admission

• I-601, Application for Waiver of Inadmissibility

• I-601A, Application for Provisional Waiver of

Unlawful Presence

• I-824, Application for Action on an Approved

Application or Petition

• I-131, Application for Advance Parole

• I-290B, Notice of Appeal or Motion to Reopen or

Reconsider

†

• I-765, Application for Employment Authorization

(includes all I-765s for all applicable categories at

any stage, including deferred action, adjustment,

renewals, and replacements)

* Form I-601 is included in the list of fee-exempt forms for U nonimmigrants, see 8 CFR § 106.3(b)(5),

however, this form is not required for U nonimmigrants, either at the nonimmigrant stage or during

adjustment of status. Similarly, Form I-601A is included in the list of fee-exempt forms for Special Immigrant

Juveniles, however, applicants for SIJ adjustment are exempt from inadmissibility under INA § 212(a)(9)(B),

the only ground that can be waived by Form I-601A. The ILRC is seeking clarification from USCIS on how or

when these exemptions might apply, or if they are simply errors.

† Form I-290B is fee exempt for survivor-based categories for all related applications filed prior to adjustment

of status or for Form I-485 or an associated form.

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III. Do Derivatives Also Get These Fee Exemptions?

Yes! The new survivor-based fee exemptions apply to derivatives to the same extent as

principal applicants. This is true whether the principal applicant petitions for their family

members at the initial stage or at any later stage through adjustment of status. Derivatives will

receive the same fee exemptions for any related application filed through adjustment of status.

Example: Aiko filed a U visa petition and included her parents as derivatives by filing

Forms I-918 Supplement A at the same time. Aiko later married, and she filed Form I-

929 for her spouse at the adjustment of status stage. Aiko’s parents and her spouse are

entitled to the same fee exemptions as Aiko because they are all included as derivatives

under a survivor-based benefit category.

IV. Will Fee Exemptions Be Available If a Fee or Fee Waiver Has

Already Been Submitted?

Yes! After April 1, 2024, if an applicant falls into one of the fee exempt categories, future

applications will be fee exempt even if the applicant paid fees at an earlier stage or if a fee

waiver was submitted with an application. For applications filed before April 1, 2024, that

remain pending after the New Fee Rule takes effect, however, applicants who paid the fees

will not be refunded.

Example: In 2020, Sandra filed her T visa application along with Form I-192 and a fee

waiver request for the I-192. Her T visa was granted, and she now wants to apply for

adjustment of status after being a T nonimmigrant for three years. Sandra’s adjustment

of status application and all related application fees will be fee exempt under the New

Fee Rule, meaning that Sandra does not have to file a fee or fee waiver request for any

application in her adjustment process.

Additionally, where a fee waiver was denied previously for an application that will be fee

exempt after April 1, 2024, and where re-filing is available, the applicant can re-file that

application under the New Fee Rule without a fee or fee waiver request.

V. Do The Fee Exemptions Still Apply If the Applicant Later

Proceeds on A Non-Fee-Exempt Track?

Language throughout the New Fee Rule strongly suggests that USCIS intends that the fee

exemptions will not apply if the person “switches tracks,” i.e., if someone previously sought

relief as a survivor but is now applying for status in a category that is not fee-exempt, such as

family-based adjustment of status. For some survivor-based categories, the new regulatory

text is clear that the fee-exemptions will only apply as long as the applicant proceeds on the

survivor-based track.

For other categories, the new regulatory text is less clear but still

For U visas, T visas, SIJS, and Afghan and Iraqi Special Immigrants, the regulatory text limits fee

exemptions to forms “related to” the survivor-based benefit and for adjustment of status filed under the

applicable subsection of INA § 245 for that category of survivors. 89 Fed. Reg. at 6,392 (to be codified at 8

CFR § 106.3(b)(1), (2), (3), (5)).

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FOR IMMIGRANT SURVIVORS OF ABUSE, TRAFFICKING, AND OTHER CRIMES | MARCH 2024 5

strongly suggests this same limitation.

At the time of writing, it is unclear how USCIS will treat

these applicants who “switch tracks.” The ILRC plans to seek clarification from USCIS and will

share out new information as it becomes available.

Example: Jorge entered the US with a tourist visa, was granted SIJS in 2022, and is

waiting for his priority date to become current. He recently married his U.S. citizen

husband and is now eligible to adjust status based on marriage under INA § 245(a).

Even though he has an approved I-360, Jorge would not be eligible for a fee exemption

because the fee exemptions for SIJ petitioners are limited to adjustment of status under

INA § 245(h), and Jorge will now adjust under INA § 245(a) as the spouse of a US

citizen.

VI. What About Forms That Still Require a Fee?

For any applications filed after the adjustment stage—including green card renewals (Form I-

90), and applications related to citizenship and naturalization—immigrant survivors will still

have to either pay the filing fee, apply for a fee reduction (which is only available for

naturalization applications), or apply for a fee waiver if available for the application.

The New

Fee Rule does not expand eligibility for a fee waiver, but it does strengthen existing fee waiver

policy and practice. These changes include:

• Codifying fee waiver policy.

In the past, fee waiver policy has been set by USCIS

agency memoranda, which could be easily revoked or superseded depending on the

political climate and whims of the administration. With the policy now codified in the

regulation, future administrations will need to go through the administrative process of

amending the regulation, rather than simply issuing a new memorandum.

• Expanding the “means-tested benefit” category to include benefits received by a

household child. Under previous policy, USCIS only considered evidence that the

applicant or their spouse was receiving a means-tested benefit to determine if the applicant

merited a fee waiver based on receipt of a means-tested benefit. While not codified in the

regulations, the instructions for Form I-912 (Request for Fee Waiver)

will now allow for

consideration of means-tested benefits being received by a household child—such as

Medicaid, SNAP, TANF, or SSI—because the child’s eligibility for these benefits is

dependent on household income.

For VAWA self-petitioners, for example, the new regulatory text is less explicit, but still limits the fee

exemptions only to forms “related to the benefit.” See id. (to be codified at 8 CFR § 106.3(b)(6)).

Note that the fee waiver is not available for every application. Some applications, such as family-based

adjustment of status, remain ineligible for a fee waiver, meaning applicants must pay the fees to apply. 89

Fed. Reg. at 6,392 (to be codified at 8 CFR § 106.3(a)(3)(iv)).

See generally 89 Fed. Reg. at 6,391-6,393 (to be codified at 8 CFR § 106.3(a)(1)).

Office of Mgmt. & Budget, Dep’t of Homeland Sec., U.S. Citizenship & Immigration Servs., OMB No.

1615-0116, Table of Changes—Instructions, Form I-912, Request for Fee Waiver (Jan. 31, 2024), available

at https://www.regulations.gov/document/USCIS-2021-0010-8214.

Even though immigrant survivors are generally not subject to the public charge rule, it is important to

remind clients that the 2022 public charge rule clarified that receipt of public benefits by one’s child cannot

be considered in the public charge analysis. See 8 CFR § 212.23(a) (2022).

NEW USCIS FEE EXEMPTIONS

6 FOR IMMIGRANT SURVIVORS OF ABUSE, TRAFFICKING, AND OTHER CRIMES | MARCH 2024

Example: Leila filed an I-360 as a VAWA self-petitioner many years ago after surviving

abuse by her LPR spouse. She is now applying to renew her green card. Leila does not

receive any means-tested benefits, but her two children both receive SNAP benefits

(food stamps). Leila may include evidence of her children’s SNAP benefits when

seeking a fee waiver under the “means-tested benefit” category.

• Income of abuser-household member may not be considered. The new Form I-912

instructions state that applicants seeking benefits based on a pending or approved petition

for VAWA, U, or T status, may exclude the income of a household member who is or was

their abuser or human trafficker from Form I-912.

At the time of writing, it is unclear how

USCIS will apply this guidance, since most survivor-based applications will already be fee-

exempt under the New Fee Rule.

• Limited clarification of the “financial hardship” category. The new Form I-912

instructions will provide a non-exhaustive list of factors that may be considered in

determining whether someone qualifies for a fee waiver based on “financial hardship.” While

the previous instructions included only “medical expenses of family members,

unemployment, eviction, and homelessness,” the new instructions list thirteen factors,

including victimization; medical emergency or illness, including mental or physical illness;

divorce; and “situations that could not normally be expected in the regular course of life

events.”

The instructions will also list examples of evidence that might be included to

demonstrate financial hardship, including receipt notices for victim-based immigration

benefits.

• Expansion of N-400 Fee Reduction Eligibility. Under previous policy, naturalization

applicants seeking to pay a reduced fee for the N-400 had to show that their household

income was at or below 200% of the federal poverty guidelines; this meant that a reduced

fee was only available to a very small group of applicants who did not qualify for a full fee

waiver but who still had relatively low incomes compared to the general population. The

New Fee Rule increases this eligibility to 400% of the federal poverty guidelines.

This

increase will lessen the financial barrier to naturalization for many survivors and others who

may not fall below 150% of the federal poverty guidelines but for whom the filing fee is still

burdensome.

Example: Marlon survived a violent crime and was granted U nonimmigrant status 8

years ago. Marlon is now a lawful permanent resident, married with three children, and

his household income is $85,000. Marlon wants to apply for U.S. citizenship. Under

previous guidance, Marlon would not qualify for either a fee waiver or fee reduction,

because his income is above $73,160, or 200% of the federal poverty guidelines for a

Office of Mgmt. & Budget, Dep’t of Homeland Sec., U.S. Citizenship & Immigration Servs., OMB No.

1615-0116, Table of Changes—Instructions, Form I-912, Request for Fee Waiver (Jan. 31, 2024), available

at https://www.regulations.gov/document/USCIS-2021-0010-8214.

Id.

In recent years, many fee waiver requests have been denied in the “financial hardship” category. The

ILRC is hopeful that this additional information for applicants, as well as forthcoming guidance for

adjudicators on how to analyze this category, will eliminate erroneous denials in this category. See 89 Fed.

Reg. at 6,259.

89 Fed. Reg. at 6,236 (to be codified at 8 CFR §106.2(b)(3)(ii)).

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FOR IMMIGRANT SURVIVORS OF ABUSE, TRAFFICKING, AND OTHER CRIMES | MARCH 2024 7

household of five. Under the New Fee Rule, Marlon qualifies for a half-fee reduction

because his income is less than $146,320.

Naturalization applicants who do not qualify for a fee waiver or fee reduction can still take

advantage of the $50 filing fee discount if they choose to file their applications online.

VII. Conclusion

The New Fee Rule will expand fee exemptions for immigrant survivors who are particularly

vulnerable and often face barriers to accessing immigration benefits, including financial

barriers. The New Fee Rule will also strengthen and clarify fee waiver eligibility where a fee or

fee waiver is required. Practitioners working with immigrant survivors should familiarize

themselves with the New Fee Rule and should discuss with clients how it might impact their

application process. The ILRC will publish additional alerts and information on the New Fee

Rule as it becomes available: www.ilrc.org.

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About the Immigrant Legal Resource Center

The Immigrant Legal Resource Center (ILRC) works with

immigrants, community organizations, legal

professionals, law enforcement, and policy makers to build a democratic society that values diversity and the

rights of all people. Through community education programs, legal training and technical assistance, an

d policy

development and advocacy, the ILRC’s mission is to protect and defend the fundamental rights of immigrant

families and communities.