Can I get a refund from USCIS if I withdraw from the EB-5?

When withdrawing from an EB-5 process, the realistic expectation is that fees already paid to USCIS will not be recovered. As a general rule, petition fees are non-refundable because they cover the cost of processing, which begins regardless of the final outcome of the application.

This applies even when the investor decides not to move forward or withdraws the petition. There are very specific situations in which some refund may be considered, but that depends on a case-by-case review by USCIS itself and is not the common scenario.

• Petition fees, as a rule, do not return to the investor.
• The charge compensates for processing, not for the outcome of the petition.
• Exceptions are rare and evaluated individually.

Before counting on any refund, the safest approach is to confirm the current conditions directly from the official source (USCIS) and be cautious of anyone who promises a return of funds without a serious review of the case.

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.