If USCIS denies an EB-1A, do they refund the fee?

As a general rule, EB-1A petition fees cover the work of processing and reviewing the application, not its outcome. That means when a petition is denied, the amount paid is typically not refunded: you pay for the evaluation, not for an approval.

This reality underscores the importance of building a strong case before filing. The EB-1A holds a demanding evidentiary standard, and a weak petition not only carries a higher risk of denial but also means losing what you invested in the process.

• Gather solid documentation before filing, not after.
• Honestly assess whether your profile already meets the category’s standard.
• Understand which fees apply and how they work before submitting payment.

Because rules and amounts change over time, always verify the current fee and refund policy directly with USCIS and, when in doubt, have a specialist evaluate the strength of your case before investing in a petition.

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.