If the I-140 is denied, can I get a refund for Premium Processing?

As a rule, no. The Premium Processing fee is generally non-refundable even if the I-140 is denied, because it pays for the expedited review of the petition, not for its approval. The outcome of the case, favorable or not, does not change this.

There is one exception: Premium Processing works as a commitment by USCIS to adjudicate the petition within a guaranteed timeframe. If that timeframe is not met, a refund of the amount paid for the expedited service may be applicable. Note that this is compensation for a delay in service delivery, not a refund tied to the approval or denial of the I-140.

• The Premium fee is generally non-refundable, regardless of the outcome.
• It covers the speed of the review, not the result of the petition.
• A refund tends to apply only when USCIS does not meet the guaranteed timeframe for the service.

Since the timeframes and conditions of this service are defined and reviewed by USCIS, the safest approach is to check the current rules at the official source or with a professional before counting on any refund.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.