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Title: Online discussions raise questions about EB-2 NIW refund guarantees and premium processing terms

United States, 6th Jan 2026 — Recent online discussions among employment-based immigration applicants have brought renewed attention to refund guarantee practices associated with EB-2 National Interest Waiver (NIW) petitions. The conversation emerged following posts on public forums describing how certain refund terms may change after Requests for Evidence (RFEs) and petition denials.Background of the online claimsAn EB-2 NIW applicant recently shared their experience on Reddit, stating that an immigration law firm advertised a full refund if a Form I-140 petition was denied by U.S. Citizenship and Immigration Services (USCIS). According to the post, the applicant expected reimbursement after the petition was not approved. However, the refund provision was reportedly voided once Premium Processing was selected.Premium processing and refund eligibilityPremium Processing is an optional USCIS service that expedites adjudication for an additional government filing fee. The applicant stated that the firm cited internal policy reasons for canceling the refund clause, explaining that accelerated processing limits internal review procedures. The applicant described this condition as unclear at the time of signing the representation agreement.Similar experiences shared by applicantsFollowing the initial post, several other EB-2 NIW applicants commented that they had encountered comparable situations. Some contributors noted that RFEs were issued approximately 45 days into standard processing, a timeframe commonly referenced in USCIS adjudication patterns. Commenters stated that this timing sometimes encouraged applicants to upgrade to Premium Processing, which they later believed affected their eligibility for refunds.Broader discussion around contract transparencyAs the discuss...

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