Does USCIS refund fees if an EB-5 petition is denied?

In the EB-5 program, official fees paid to USCIS are intended to cover the processing and review of the petition. As a result, they are generally tied to the work of examining the case, not to the final outcome.

In practice, this means that a denial does not automatically trigger a refund of what was paid. This follows the common logic across most immigration petitions: the fee compensates for the processing itself, regardless of whether the petition is approved or not.

That said, each case may have its own particularities, and specific situations, such as certain procedural errors, are evaluated individually. It is therefore not advisable to rely on a fixed rule without first reviewing your specific circumstances.

Since fee policies and any potential reimbursements may change, confirm the current rules directly through official USCIS information and seek guidance from qualified immigration professionals.

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.