Are USCIS fees refundable if my EB-2 NIW petition is denied?

As a general rule, fees paid to USCIS are not refunded if a petition is denied, and this applies to the EB-2 NIW as well. The reason is straightforward: these fees cover the processing and review of the petition, not a favorable outcome.

In other words, you are paying for the evaluation of your case regardless of whether the final decision is positive or negative. This is why submitting a poorly prepared petition typically means losing both time and the funds spent on fees.

This underscores the importance of organizing your documentation carefully and thoroughly assessing the requirements before filing, which reduces the risk of a denial. Since fee amounts and refund policies can change, always verify the current rules directly through the official USCIS sources and, if needed, consult a specialist to review your case before submission.

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.