How to File US Form I-290B Notice of Appeal or Motion

The Form I-290B, Notice of Appeal or Motion, is a critical document for individuals who want to challenge a decision made by the United States Citizenship and Immigration Services (USCIS). This form allows applicants or petitioners to either appeal an unfavorable USCIS decision or request a reconsideration of their case.

Contents

Understanding the purpose, process, and requirements of Form I-290B is essential for ensuring that your appeal or motion is filed correctly and within the required timeframe. This guide provides an in-depth explanation of the form, who can file it, reasons for filing, deadlines, supporting documents, and step-by-step instructions for completing the process effectively.

What is Form I-290B?

Form I-290B, Notice of Appeal or Motion, is used to request a review of USCIS decisions regarding immigration benefits, including:

Visa petitions
Green card applications
Employment authorization requests
Waivers of inadmissibility

Filing this form does not guarantee that USCIS will overturn its decision, but it provides an opportunity for the applicant to present additional evidence or argue that a legal error was made.

Types of Filings Allowed with Form I-290B

Appeal – A request to have the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA) review the decision.
Motion to Reopen – A request for USCIS to reconsider the case based on new facts or evidence.
Motion to Reconsider – A request for USCIS to review the case, arguing that the decision was based on an incorrect application of the law.

Who Can File Form I-290B?

The following individuals may be eligible to file Form I-290B:

Petitioners – Individuals or employers who have filed a petition for an immigration benefit that was denied.
Applicants – Individuals who have applied for benefits such as a work permit, change of status, or waiver and received a denial.
Attorneys or Accredited Representatives – If a legal representative is handling the case, they must file Form G-28 (Notice of Entry of Appearance) along with Form I-290B.

When Should You File Form I-290B?

Deadlines for Filing

Appeals: Generally, 30 days from the date of the USCIS denial decision.
Motion to Reopen or Reconsider: Usually 30 days after the denial, unless stated otherwise in the USCIS decision notice.

Exceptions:

If the decision was served by mail, an additional 3 days (33 days total) may be granted.
Certain cases may have different deadlines, so always check the USCIS decision notice.

Filing beyond the deadline may result in automatic dismissal of the appeal or motion.

Choosing the Right Filing Option

1. Filing an Appeal

Appeals are typically reviewed by the Administrative Appeals Office (AAO).
Used when the applicant believes USCIS made a wrong decision based on the law.
No new evidence can be submitted unless the appeal is accompanied by a Motion to Reopen.

Example:
If a work visa petition (such as H-1B or L-1) is denied due to USCIS misinterpreting eligibility criteria, an appeal may be filed.

2. Filing a Motion to Reopen

Used when new facts or evidence have emerged since the original application was denied.
The new evidence must be relevant and material to the case.

Example:
If a family-based green card application was denied due to missing financial documents, a Motion to Reopen could be filed with the missing evidence.

3. Filing a Motion to Reconsider

Used when the applicant believes that USCIS misapplied the law or policy when making its decision.
The motion must include legal arguments and references to USCIS policy or regulations.

Example:
If an employment authorization document (EAD) application was denied because USCIS misinterpreted the applicant’s eligibility category, a Motion to Reconsider may be appropriate.

How to Complete Form I-290B

Section 1: Information About the Applicant or Petitioner

Name (Last, First, Middle)
Address (Include mailing and physical address if different)
A-Number (Alien Registration Number), if applicable
Receipt Number (Found on the denial notice)

Section 2: Decision Being Appealed or Reconsidered

Indicate whether you are filing an Appeal, Motion to Reopen, or Motion to Reconsider.
Provide details about the specific USCIS office that issued the denial.

Section 3: Basis for the Appeal or Motion

Clearly state why you are challenging USCIS’s decision.
If filing a motion, include new evidence (for Motion to Reopen) or legal arguments (for Motion to Reconsider).

Section 4: Additional Information and Supporting Documents

Attach any relevant documents, including:
- Denial notice from USCIS
- Legal arguments or case law (for motions to reconsider)
- Newly discovered evidence (for motions to reopen)

Section 5: Signature of Applicant or Attorney

The form must be signed by the applicant, petitioner, or their authorized representative.
If an attorney is representing you, they must also sign Form G-28.

Filing and Processing Fees

Current Filing Fee for Form I-290B

As of the latest USCIS fee schedule, the fee for Form I-290B is $675.
Some applicants may qualify for a fee waiver if they demonstrate financial hardship (Form I-912).

Payment Methods

Check or money order made payable to “U.S. Department of Homeland Security”
Credit or debit card using Form G-1450

How to Submit Form I-290B

Mailing Address for Filing

The correct USCIS lockbox facility or service center will be listed on your denial notice. Ensure you send your application to the proper address.

Submission Tips:

✅ Use USPS Priority Mail, FedEx, or UPS for tracking.
✅ Keep copies of all documents for your records.
✅ Submit before the deadline to avoid rejection.

What Happens After Filing Form I-290B?

1. Receipt Notice from USCIS

You will receive a Notice of Action (Form I-797) confirming that USCIS has received your appeal or motion.

2. Processing Timeline

Appeals: Can take 6 months to 1 year or longer for review by the AAO.
Motions to Reopen/Reconsider: Typically decided within 90-180 days, but processing times vary.

3. Possible Outcomes

Approval: The case is reopened, reconsidered, or overturned.
Denial: The original decision remains unchanged.
Referral to a Higher Authority: Some appeals may be forwarded to the Board of Immigration Appeals (BIA) for further review.

Common Reasons for Rejection or Denial

❌ Missed deadline – Filing after the 30-day window may result in automatic dismissal.
❌ Incomplete form – Missing signatures, incorrect fee, or incomplete information can lead to rejection.
❌ Insufficient evidence – Not providing new material facts for a Motion to Reopen or legal arguments for a Motion to Reconsider.
❌ Wrong jurisdiction – Filing the appeal with the incorrect USCIS office.

Conclusion

Filing Form I-290B is an important step for individuals who wish to challenge a USCIS denial decision. Whether filing an appeal, a Motion to Reopen, or a Motion to Reconsider, it is essential to provide strong evidence, adhere to deadlines, and carefully follow USCIS instructions.

By preparing a well-documented and persuasive submission, applicants increase their chances of success in having their case reconsidered. If you are uncertain about your eligibility or need legal assistance, consulting an immigration attorney may improve your chances of a favorable outcome.