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If the I-140 is denied, can I request a premium processing refund?

The premium processing fee for the I-140 is non-refundable if the petition is denied, except if USCIS delays processing beyond the legal deadline.

Written by

Victoria Harper

Editor-in-Chief

Updated on February 12, 2026
2 min read
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The EB-1 visa is a highly sought-after immigration category for professionals with extraordinary abilities, and the I-140 process is a crucial step to prove this eligibility. It is natural that many applicants worry about the investment made, especially when opting for the premium processing service, which promises a faster review.

To clarify, the premium processing fee is generally non-refundable regardless of the I-140 outcome. This means that even if your petition is denied, the amount paid for the expedited process is usually not refunded. There is an important exception: if USCIS does not meet the stipulated 15-calendar-day deadline to complete processing, the request for a premium fee refund may be considered. Even then, this is a compensatory measure for the service delay, not a reimbursement linked to the approval or denial of the petition.

It is always essential to strictly follow United States immigration laws and seek information from official sources or specialized consultants in the field so that you do not fall victim to miraculous promises or marketing campaigns guaranteeing results. This care helps to avoid frustrations and losses, as each case has its particularities and the criteria for analysis are strict and based on current legislation.

In summary, if the I-140 is denied, the fee paid for premium processing is normally not refundable unless there are unjustified delays by USCIS in completing the process. It is always recommended to consult specialists and verify updated information directly from official sources to ensure the security and integrity of your immigration process.

Learn more about EB-1 Visa

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1 Visa
Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

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If the I-140 is denied, can I request a premium processing refund?

The premium processing fee for the I-140 is non-refundable if the petition is denied, except if USCIS delays processing beyond the legal deadline.

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