Can I get a refund of the EB-2 NIW fee if I withdraw midway?

As a general rule, no. With the EB-2 NIW, fees paid to the government cover the processing of the petition, not the outcome. Therefore, even if you decide to withdraw before the process is complete, those amounts are typically not returned.

It helps to distinguish two types of costs, since they follow different rules:

• Official government fees, charged by the immigration authority, are generally non-refundable.
• Attorney or consulting fees, paid to a professional or firm, are governed by the terms of your service agreement, which may or may not allow for partial credits in the event of cancellation.

Since fee policies can change and each situation has its own details, the safest approach is to confirm the current refund policy directly with USCIS and review your service contract before deciding to withdraw.

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.