This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. 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.
UPDATE: On December 9, 2019, a federal district court judge enjoined the new fee waiver form and policy. See Fee Waiver: Status of Proposed Changes for the latest information on the status of fee waiver changes.