USCIS Fees

G'Day!

Question: In the case a TN-1 petition goes to USCIS for premium processing ($320 + $1000) and is delayed by a request for further information and then never completed as the offer is withdrawn due to delay, where exactly do the fees go? After so many days, USCIS states the premium fee is returned and processing continues, however, is that and the $320 returned?

The I-129 or I-539 fee is never returned, and this is the case with most fees: non-refundable. After all, processing has taken palce.

The premium processing fee comes with a guanatee, and that is unusual.

All fees go into the Treasury.

Thanks for the speedy reply! Actually, processing never took place (only started), as far as I know. Although there is a receipt number, the attorney never followed through with the petition and providing clarification for USCIS and therefore the employer grew weary of his faux-pas. There was never a decision made one way or another (so told) and the attorney has never been forthcoming as to the whereabouts of the premium fee, in fact he does not reply to any communications. As the filing party, would the premium fee have been sent back to him? Suggestions on how to proceed?

The I-129 fee is gone, as I said.

Any other refund is between the employer, USCIS, and the lawyer -- not you. Leave this with them.

At this point, to you this is nothing more than when your employer orders pencils and doensn't get them. I'm sure that are able to deal with this.

True enough - unless you paid for the pencils.

My company pays for my pencils and my legal fees. Yours probably does too.

My company pays for my pencils and my legal fees. Yours probably does too.

Ummmm..............No. Therein lies the rub.

Indeed. Another TNer sells themselves short.

Start with getting a hold of the check that was sent to pay your fees.
Then find a copy of the Premium processing instructions, I-907. I think you will find that unless the request for information was answered, the clock has not restarted on your processing, and the $1000 is lost.

As you can see, since the company had no stake in getting you this TN, their effort was equivalent.

lesson learned.