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Are filing fees refunded by USCIS if USCIS rejects a cap subject H-1B petition?

3 views 4 answers
If I use a 2010 approved H-1B petition(which was not used), to claim H-1B cap exemption now(as I was counted in the cap once when my 2010 H-1B petition was approved) for a new private employer who is cap subject, will USCIS refund the filing fees(I-129 filing fee, fraud detection fee and ACWIA fee), if they reject the claim that I am cap exempt? I understand for H-1B petitions which are not selected in the lottery, USCIS refunds the filing fees.

Attorney Answers

4
F Capriotti 2793192.Html ·
My colleagues are correct. They will probably keep the fee. You should really meet with the new company's immigration lawyer ... not a non-attorney in HR ... to discuss this in more detail.
0 upvotes
Robert Louis BrownImmigration AttorneyCleveland, OH ·
If they fee in the decision and make a determination that you are not eligible for the H-1B, they probably will not refund your filing fees. if your matter is rejected before accepting your filing fee, then the fee will be returned. Based on your description, it is likely they will keep the filing fees. 321.208.7324 [email protected] www.brownimmigrationFL.com Robert Brown LLC 4767 New Broad Street Orlando, Florida 32814
0 upvotes
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
Only if the H-1B petition is not selected by the lottery and the USCIS has not reached the merits will the filing fees be returned. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Schedule a Legal Consultation - Know Your Rights! 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)
0 upvotes
Jeffrey Devore ·
Under these circumstances no, the filing fees will not be refunded. Your claimed eligibility and if it is determined you are not, you got the adjudication you asked for, just not the desired result.
0 upvotes

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