The official FAQ describes the processing fee as nonrefundable. Whether and when any gift amount is refundable in a given failure scenario must be confirmed from the official terms before payment, not assumed.
Know what is lost at each stage before paying
Hypothetical example: a Quispamsis executive intends to sell shares to fund the gift and asks what happens if vetting fails or the underlying category is later refused. The official FAQ describes a nonrefundable processing fee and a gift made after successful vetting. The applicant should read the current official terms for the exact stage at which each payment is made and the stated consequences of refusal at each later stage, and should obtain written confirmation from the reviewer of what the official page said on that date.
He should not treat a promoter's summary as the terms. The gift should be planned as a payment with no expectation of return, unlike an EB-5 investment, which is capital placed at risk with the possibility of return. Tax advice on the share sale and on the treatment of the gift is a separate professional question.