8 CFR 106.3 - Fee waivers and exemptions.

View all text of Part 106 [§ 106.1 - § 106.6]

§ 106.3 - Fee waivers and exemptions.

(a) Waiver of fees—(1) Eligibility. The party requesting the benefit must be unable to pay the prescribed fee. A person demonstrates an inability to pay the fee by establishing at least one of the following criteria:

(i) Receipt of a means-tested benefit as defined in § 106.1(f)(3) at the time of filing;

(ii) Household income at or below 150 percent of the Federal Poverty Guidelines at the time of filing; or

(iii) Extreme financial hardship due to extraordinary expenses or other circumstances that render the individual unable to pay the fee.

(2) Requesting a fee waiver. To request a fee waiver, a person requesting an immigration benefit must submit a written request for permission to have their request processed without payment of a fee with their benefit request. The request must state the person's belief that he or she is entitled to or deserving of the benefit requested, the reasons for his or her inability to pay, and evidence to support the reasons indicated. There is no appeal of the denial of a fee waiver request.

(3) USCIS fees that may be waived. Only the following fees may be waived:

(i) The following fees for the following forms may be waived without condition:

(A) Application to Replace Permanent Resident Card (Form I-90);

(B) Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (Form I-191);

(D) Application for Family Unity Benefits (Form I-817);

(E) Application for Temporary Protected Status (Form I-821);

(F) Application for Suspension of Deportation or Special Rule Cancellation of Removal (Form I-881) (under section 203 of Pub. L. 105-110);

(G) Application to File Declaration of Intention (Form N-300);

(H) Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 (Form N-336);

(I) Application for Naturalization (Form N-400);

(J) Application to Preserve Residence for Naturalization Purposes (N-470);

(K) Application for Replacement Naturalization/Citizenship Document (N-565);

(L) Application for Certificate of Citizenship (N-600); and

(M) Application for Citizenship and Issuance of Certificate under section 322 of the Act (N-600K).

(ii) The following form fees may be waived based on the conditions described in paragraphs (a)(3)(ii)(A) through (F) of this section:

(A) Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form I-129CW) for a E-2 CNMI investor. Waiver of the fee for Form I-129CW does not waive the requirement for a E-2 CNMI investor to pay any fees in § 106.2(c) that may apply.

(B) An Application to Extend/Change Nonimmigrant Status (Form I-539), only in the case of a noncitizen applying for CW-2 nonimmigrant status;

(D) Notice of Appeal or Motion (Form I-290B), when there is no fee for the underlying application or petition or that fee may be waived;

(E) Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act (Form I-694), if the underlying application or petition was fee exempt, the filing fee was waived, or was eligible for a fee waiver;

(F) Application for Employment Authorization (Form I-765), except persons filing under category (c)(33), Deferred Action for Childhood Arrivals; and

(G) Petition for Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539), only in the case of a noncitizen applying for E-2 CNMI Investor for an extension of stay.

(iii) Any fees associated with the filing of any benefit request under 8 U.S.C. 1101(a)(51) and those otherwise self-petitioning under 8 U.S.C. 1154(a)(1) (VAWA self-petitioners), 8 U.S.C. 1101(a)(15)(T) (T nonimmigrant status), 8 U.S.C. 1101(a)(15)(U) (U nonimmigrant status), 8 U.S.C. 1105a (battered spouses of A, G, E-3, or H nonimmigrants), 8 U.S.C. 1229b(b)(2) (special rule cancellation for battered spouse or child), and 8 U.S.C. 1254a(a) (Temporary Protected Status).

(iv) The following fees may be waived only if the person is exempt from the public charge grounds of inadmissibility under section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4):

(A) Application for Advance Permission to Enter as Nonimmigrant (Form I-192);

(B) Application for Waiver for Passport and/or Visa (Form I-193);

(D) Application for Waiver of Grounds of Inadmissibility (Form I-601).

(4) Immigration Court fees. The provisions relating to the authority of the immigration judges or the Board to waive fees prescribed in paragraph (b) of this section in cases under their jurisdiction can be found at 8 CFR 1003.8 and 1003.24.

(b) Humanitarian fee exemptions. Persons in the following categories are exempt from paying certain fees as follows:

(1) Persons seeking or granted Special Immigrant Juvenile classification who file the following forms related to the Special Immigrant Juvenile classification or adjustment of status under section 245(h) of the Act, 8 U.S.C. 1255(h):

(i) Application for Travel Document (Form I-131).

(ii) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed before adjustment of status or a motion filed for an Application to Register Permanent Residence or Adjust Status (Form I-485) or an associated ancillary form.

(iii) Application to Register Permanent Residence or Adjust Status (Form I-485).

(iv) Application for Waiver of Ground of Inadmissibility (Form I-601).

(v) Application for Employment Authorization (Form I-765).

(vi) Application for Action on an Approved Application or Petition (Form I-824).

(vii) Application for Provisional Unlawful Presence Waiver (Form I-601A).

(2) Persons seeking or granted T nonimmigrant status who file the following forms related to T nonimmigrant status or adjustment of status under INA section 245(l), 8 U.S.C. 1255(l):

(i) Application for Travel Document (Form I-131).

(ii) Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

(iii) Application for Waiver of Passport and/or Visa (Form I-193).

(iv) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed before adjustment of status or a motion or appeal filed for an Application to Register Permanent Residence or Adjust Status (Form I-485) or an associated ancillary form.

(v) Application to Register Permanent Residence or Adjust Status (Form I-485).

(vi) Application to Extend/Change Nonimmigrant Status (Form I-539).

(vii) Application for Waiver of Ground of Inadmissibility (Form I-601).

(viii) Application for Employment Authorization (Form I-765).

(ix) Application for Action on an Approved Application or Petition (Form I-824).

(3) Persons seeking or granted special immigrant visa or status as Afghan or Iraqi translators or interpreters, Iraqi nationals employed by or on behalf of the U.S. Government, or Afghan nationals employed by or on behalf of the U.S. Government or employed by the ISAF and their derivative beneficiaries, who file the following forms related to the Special Immigrant classification or adjustment of status under such classification:

(i) Application for Travel Document (Form I-131).

(ii) Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal (Form I-212).

(iii) Notice of Appeal or Motion (Form I-290B), if filed for any benefit request filed before adjustment of status or a motion filed for an Application to Register Permanent Residence or Adjust Status (Form I-485) or an associated ancillary form.

(iv) Application to Register Permanent Residence or Adjust Status (Form I-485).

(v) Application for Waiver of Ground of Inadmissibility (Form I-601).

(vi) Application for Employment Authorization (Form I-765).

(vii) Application for Action on an Approved Application or Petition (Form I-824).

(4) Persons seeking or granted adjustment of status as abused spouses and children under the Cuban Adjustment Act (CAA) and the Haitian Refugee Immigration Fairness Act (HRIFA) are exempt from paying the following fees for forms related to those benefits:

(i) Application for Travel Document (Form I-131).

(ii) Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal (Form I-212).

(iv) Application to Register Permanent Residence or Adjust Status (Form I-485).

(v) Application for Waiver of Ground of Inadmissibility (Form I-601).

(vi) Application for Employment Authorization (Form I-765).

(vii) Application for Action on an Approved Application or Petition (Form I-824).

(5) Persons seeking or granted U nonimmigrant status who file the following forms related to U nonimmigrant status or adjustment of status under INA section 245(m), 8 U.S.C. 1255(m):

(i) Application for Travel Document (Form I-131).

(ii) Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

(iii) Application for Waiver of Passport and/or Visa (Form I-193).

(v) Application to Register Permanent Residence or Adjust Status (Form I-485).

(vi) Application to Extend/Change Nonimmigrant Status (Form I-539).

(vii) Application for Waiver of Ground of Inadmissibility (Form I-601).

(viii) Application for Employment Authorization (Form I-765).

(ix) Application for Action on an Approved Application or Petition (Form I-824).

(x) Petition for Qualifying Family Member of a U-1 Nonimmigrant (Form I-929).

(6) Persons seeking or granted immigrant classification as VAWA self-petitioners and derivatives as defined in section 101(a)(51)(A) and (B) of the Act or those otherwise self-petitioning for immigrant classification under section 204(a)(1) of the Act, 8 U.S.C. 1154(a)(1), are exempt from paying the following fees for forms related to the benefit:

(i) Application for Travel Document (Form I-131).

(ii) Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal (Form I-212).

(iii) Notice of Appeal or Motion (Form I-290B) if filed for any benefit request filed before adjustment of status or a motion filed for an Application to Register Permanent Residence or Adjust Status (Form I-485) or an associated ancillary form.

(iv) Application to Register Permanent Residence or Adjust Status (Form I-485).

(v) Application for Waiver of Grounds of Inadmissibility (Form I-601).

(vi) Application for Provisional Unlawful Presence Waiver (Form I-601A).

(vii) Application for Employment Authorization (Form I-765) for initial, renewal, and replacement requests submitted under 8 CFR 274a.12(c)(9) and (14) and section 204(a)(1)(K) of the Act.

(viii) Application for Action on an Approved Application or Petition (Form I-824).

(7) Abused spouses and children applying for benefits under the Nicaraguan Adjustment and Central American Relief Act (NACARA) are exempt from paying the following fees for forms related to the benefit:

(i) Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA)) (Form I-881).

(ii) Application for Waiver of Grounds of Inadmissibility (Form I-601).

(iii) Application for Employment Authorization (Form I-765) submitted under 8 CFR 274a.12(c)(10).

(iv) Application for Action on an Approved Application or Petition (Form I-824).

(8) Battered spouses and children of a lawful permanent resident or U.S. citizen applying for cancellation of removal and adjustment of status under section 240A(b)(2) of the Act are exempt from paying the following fees for forms related to the benefit:

(i) Application for Employment Authorization (Form I-765) under 8 CFR 274a.12(c)(10).

(ii) Application for Action on an Approved Application or Petition (Form I-824).

(9) Refugees, persons paroled as refugees, or lawful permanent residents who obtained such status as refugees in the United States are exempt from paying the following fees:

(i) Application for Travel Document (Form I-131).

(ii) Application for Carrier Documentation (Form I-131A).

(iii) Application for Employment Authorization (Form I-765).

(iv) Application to Register Permanent Residence or Adjust Status (Form I-485).

(c) Director's waiver or exemption exception. The Director of USCIS may authorize the waiver of or exemption from, in whole or in part, a form fee required by § 106.2 that is not otherwise waivable or exempt under this section, if the Director determines that such action is in the public interest and consistent with the applicable law. This discretionary authority may be delegated only to the USCIS Deputy Director.

[89 FR 6386, Jan. 31, 2024, as amended at 89 FR 20104, Mar. 21, 2024]