Eligibility of Refund of Premium Processing Fee

Question details

My H-1B petition was filed with premium processing. We received a Request for Evidence (RFE), but it has now been four months, and the case is still not approved. How do I get a refund of the premium processing fee?

ANSWER

Premium processing does not guarantee an approval within 15 days.  This 15-day period may include either an approval, a denial, or a request for evidence.  Therefore, the case will not be eligible for a refund of the premium processing fee.