Are fees refunded if USCIS denies the case after an insufficient RFE?

As a general rule, no. The official fees paid to the government during the H-1B process are typically not returned based on the outcome of the petition, even when the USCIS denies the case after issuing an RFE (Request for Evidence) and finding the submitted evidence insufficient.

This is because those fees generally cover the administrative cost of reviewing the petition, which takes place regardless of whether the case is approved or denied. In other words, the payment compensates for the processing itself, not for a favorable result.

Because fee policies and amounts can change, and because multiple fees may be involved in a single petition, the safest approach is to check the refund policy and current fee schedule directly with USCIS or with a qualified immigration professional before filing.

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.