Form I-290B guide: Notice of Appeal or Motion

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-290B, officially the Notice of Appeal or Motion, is filed with U.S. Citizenship and Immigration Services (USCIS). When USCIS makes an unfavorable decision on your filing (usually a denial or revocation), the I-290B is the main form for seeking relief within the USCIS system: you can use it to file an appeal with USCIS's Administrative Appeals Office (AAO), or to ask the office that made the decision to reopen (motion to reopen) or reconsider (motion to reconsider) it.

The I-290B comes into play "after a denial." The deadlines are short, and not every USCIS decision can be challenged with it: some decisions can only be appealed to the Board of Immigration Appeals (BIA), some can only be reviewed again in immigration court, and some have no appeal route at all. Before filing, first work out whether your decision can be challenged with an I-290B, whether to appeal or file a motion, and how many days remain. The end of the decision usually states the available remedies and deadlines; read it carefully.

At a glance

Legal basis: appeals and two kinds of motions

The legal basis for the I-290B is mainly the federal regulations at 8 CFR 103.3 (appeals) and 8 CFR 103.5 (motions). The three forms of relief differ as follows:

A motion to reopen and a motion to reconsider can be combined in one I-290B. You can also attach new evidence to an appeal, but it generally can't take the place of evidence that should have been submitted in response to a request for evidence (RFE): if you received an RFE and didn't submit a piece of evidence then, the AAO may decline to consider it if you submit it on appeal.

"Initial field review" of appeals

An appeal isn't mailed directly to the AAO. Under 8 CFR 103.3(a)(2)(iii)–(iv), the office that made the decision first conducts an initial field review of the appeal: if that office finds the appeal has merit, it can treat the appeal as a motion and issue a favorable decision directly; if it disagrees, it forwards the case to the AAO.

Who can file, and who can't

• Can file: the applicant or petitioner on the original filing (for example, the employer on an I-129 or I-140, the self-petitioner in an EB-1A or NIW case, the investor on an I-526E, the waiver applicant on an I-601), and their attorney (with a G-28).
• Generally can't file: the beneficiary. For example, if an I-140 filed by an employer for an employee is denied, the employee usually isn't an "affected party" and can't file an I-290B personally (8 CFR 103.3(a)(1)(iii)(B)). It must be filed by the employer or the employer's attorney.

Deadlines: 30 days, plus 3 days if served by mail

• Appeals: generally must be filed within 30 days of service of the unfavorable decision; if the decision was served by mail, add 3 days (8 CFR 103.3(a)(2)(i), 103.8(b)).
• Motions: generally must be filed within 30 days of service of the decision (also plus 3 days if served by mail). For a late motion to reopen, USCIS may accept it at its discretion if you show the delay was reasonable and beyond the applicant's control (8 CFR 103.5(a)(1)(i)); motions to reconsider have no such exception.
• Appeals of revocations of approved petitions: for revocation on notice of an approved immigrant petition (such as revocation of an I-140, 8 CFR 205.2), the appeal deadline is 15 days after service of the notice (plus 3 days if served by mail). Revocation of an I-130 falls under BIA jurisdiction and doesn't use the I-290B.
• "Filed" means received by USCIS: the deadline is measured by the date USCIS receives a properly filed I-290B at the correct location, not the date you mailed it. A rejected filing (for example, unsigned, wrong fee, wrong edition) does not count as timely.
• Check the deadline stated in the decision first: different types of decisions may have special deadlines; rely on the decision and the form instructions.

In addition, filing a motion does not automatically stay the execution of the original decision, nor does it extend any other deadline (8 CFR 103.5(a)(1)(iv)). For example, if you lost lawful status because your application was denied, filing an I-290B doesn't restore your status or automatically give you the right to remain in the U.S.

Decisions that can't be challenged with an I-290B

These are common situations where it doesn't apply (rely on the form instructions and the decision for specifics):

Common decisions within the AAO's jurisdiction include most I-129 nonimmigrant worker petitions, I-140 employment-based immigrant petitions, I-526E and I-526 investor petitions, I-601 waiver applications, I-212 permission to reapply for admission, N-600 applications for a certificate of citizenship, and some I-360, I-918 and I-914 filings, among others. Whether a particular decision can be appealed depends on the official AAO page and the decision itself.

Filing tips (by main part of the form)

1. Applicant or petitioner information (Part 1): enter the information of the applicant or petitioner on the original filing (for example, the employer when an I-140 is denied), not the beneficiary.
2. Type of appeal or motion (Part 2): you can check only one option. The options usually include: filing an appeal with the brief and evidence attached; filing an appeal with the brief and evidence to be sent directly to the AAO within 30 days of filing; a motion to reopen; a motion to reconsider; and a combined motion to reopen and reconsider. Checking the wrong type means the filing is reviewed under the wrong standard.
3. Information about the original decision: the form number, receipt number and decision date of the denied filing, matching the decision.
4. Statement of grounds (Part 3 or an attachment): an appeal must specifically identify the errors of law or fact in the original decision, and an appeal that merely says you "disagree" may be summarily dismissed (8 CFR 103.3(a)(1)(v)); a motion must explain the new facts or the misapplication of law, as required in the table above.
5. Signature: signed by the affected party or an authorized person; unsigned filings are rejected.

If you choose to "send the brief and evidence within 30 days of filing," the supplemental materials must be mailed directly to the AAO, marked with the case information as instructed; if they aren't submitted in time, the AAO will decide on the existing record.

Documents to include

• A copy of the denial or revocation decision;
• An appeal brief or statement of grounds for the motion, citing relevant statutes, regulations, the Policy Manual and precedent;
• Motion to reopen: evidence of the new facts (affidavits, documents, etc.), with an explanation of why this evidence could change the outcome;
• Motion to reconsider: an explanation of the law or policy the original decision misapplied, and how the record at the time supports your position;
• If represented by an attorney: G-28;
• Chinese-language evidence must be accompanied by a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents.

How to file and fees

File according to the official USCIS "Where to File" page; the address depends on the type of original filing and the office that made the decision. Whether online filing is available, check the official page. In August 2026 USCIS issued a framework rule allowing it, after advance notice, to require online filing for specific forms; before filing, check the official page for any new requirements. The I-290B requires a filing fee, and some humanitarian categories can request a waiver through I-912; for exact amounts and waiver eligibility, rely on what USCIS currently publishes; see the USCIS fee schedule G-1055 and How to check U.S. immigration fees and processing times. The I-290B can't get premium processing through I-907.

What happens after filing

1. Receipt notice: confirms acceptance.
2. Motions: decided by the office that made the decision. If the motion is granted, the office reopens the original filing and issues a new decision, which may be an approval or another RFE or denial.
3. Appeals: the office that made the decision conducts an initial review; if it agrees, it issues a favorable decision directly; if not, it forwards the case to the AAO. The AAO can affirm the original decision, withdraw it, or send it back to the original office for further review (remand).
4. After the AAO's decision: the AAO's decision is usually USCIS's final administrative decision. After that, depending on the circumstances, you can file a motion with the AAO or, where eligible, seek judicial review by filing suit in federal district court.

For processing times, check the USCIS processing times page; AAO processing times are available on the official AAO page. For checking case status, see How to check your USCIS case status and what each status means.

I-290B or refile?

In many cases, strengthening the evidence and filing a new application or petition is faster and more practical than an appeal or motion; for example, after an EB-1A or NIW I-140 denial, refiling with new evidence of achievements. But refiling has costs too: you may lose your original priority date (for example, refiling an I-526E creates a new priority date), your status may run out before a decision, and some filings (such as cap-subject H-1Bs) can't simply be refiled. Considerations usually include:

• Whether the denial was for insufficient evidence (suited to refiling with more evidence or a motion to reopen) or for misapplication of the law (suited to an appeal or a motion to reconsider);
• Whether you need to keep the original priority date or original filing date;
• Whether your current status depends on this filing, and how you'll maintain status while waiting for a result;
• Time: appeals are usually slower than refiling.

In some cases an appeal, a motion and a new filing can proceed at the same time, but assess whether this could produce inconsistent statements.

Frequently asked questions

Official sources

• USCIS: Form I-290B official page (form, instructions, where to file)
• USCIS: Administrative Appeals Office (AAO)
• 8 CFR 103.3: Denials, appeals, and precedent decisions
• 8 CFR 103.5: Reopening or reconsideration
• Department of Justice EOIR: Board of Immigration Appeals (BIA)
• USCIS fee schedule G-1055
• USCIS processing times

Related reading

• What to do when you receive an RFE
• Form I-140 guide: Immigrant Petition for Alien Worker
• Form N-336 guide: hearing on a denied naturalization application
• How to check your USCIS case status

This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.