A student on an F-1 visa is planning to dispute a Premium Processing fee after the USCIS failed to act on an OPT application. The student had applied for pre-OPT using Premium Processing, but no decision was made for nearly three months.
Due to the prolonged delay, the student withdrew the pre-OPT application and submitted a fresh post-OPT request. Under USCIS rules, Premium Processing fees must be refunded if a case is not decided within 30 business days.
Despite this provision, the student claims the USCIS has not processed the refund. With no clear timeline provided, the student is now considering disputing the charge directly through the bank.
Immigration experts have cautioned against disputing government charges. Even if a bank dispute is successful, it does not cancel the original obligation, and the USCIS may still treat the amount as unpaid.
The USCIS can recover unpaid fees through collections agencies or other legal channels. Experts also warn that unresolved payments may affect future immigration applications and could be viewed as a serious compliance issue.
Some believe the Premium Processing amount is too small for aggressive federal recovery. However, automated systems often flag pending balances, which may complicate future interactions with the USCIS.
The student now faces a difficult choice. Pursuing the refund may carry risks, while waiting for the USCIS process could lead to further delays with no certainty of resolution.
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