Is there a refund of attorney fees if an EB-2 NIW petition is denied?

As a rule, no. Attorney fees in an EB-2 NIW process cover the legal service rendered (the preparation and handling of the petition), not the outcome. For that reason, even if the petition is denied, the amount is typically not returned, because the work was effectively performed.

What governs this is the fee agreement, and each firm has its own terms. Read the contract carefully before signing and pay attention to points such as the scope of services, what happens in the event of a denial, and whether there is any partial refund or resubmission clause. Some firms offer specific arrangements, but this is not an industry standard.

It is worth distinguishing two things: attorney fees (negotiable, set by contract) and the official government filing fees, which follow their own separate rules. To avoid surprises, be wary of anyone who promises a guaranteed outcome or automatic refund upon denial.

Before committing, clarify all conditions directly with the professional you choose and, if you have doubts about the terms, seek guidance from a trusted specialist.

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Victoria Harper

Editor-in-Chief

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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.