Last updated: November 9, 2025.
By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney
What is Form I-290B?
Form I-290B, “Notice of Appeal or Motion,” is used to:
- File an appeal with the Administrative Appeals Office (AAO) regarding an unfavorable decision made by the U.S. Citizenship and Immigration Services (USCIS);
- File a motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO);
- File a motion or appeal regarding the denial of Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student under the Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP).
The first two of these actions are the most common usages of Form I-290B.
This form must generally be filed within 30 days of USCIS issuing its decision (or 33 days if the decision was mailed). An exception exists for USCIS denials under 8 U.S.C. § 1155, whereby USCIS revokes a previously-granted immigrant petition due to “good and sufficient cause” (e.g., fraud, new facts coming to light demonstrating ineligibility, etc.).
In this case, Form I-290B must be filed within 15 calendar days of USCIS issuing its decision (or 18 days if the decision was mailed).
If you use Form I-290B to file an appeal, the appeal will be directed to the Administrative Appeals Office (AAO), which is an appeals body within USCIS.
An appeal is based on the petitioner identifying an erroneous conclusion of law or statement of fact in the decision made by a USCIS officer.
By contrast, if you use Form I-290B to file a motion, the motion will be directed to the USCIS office that issued the latest decision in your case (whether a field service, service center, or even the AAO itself).
There are two types of motions you can file with USCIS. The first is a “motion to reopen,” which is filed when new evidence comes to light that is pertinent to the applicant’s visa application and which was not available at the time of the application’s initial submission.
The second is a “motion to reconsider,” which is filed when the petitioner believes that USCIS erred based on an incorrect application of law or policy.
If relevant, a petitioner can also file a combined motion to reopen and reconsider.
USCIS will separately determine whether the combined motion satisfies the requirements of a motion to reopen and a motion to reconsider.
It may grant both motions, grant one motion and dismiss the other, or dismiss both motions. However, you must file a separate form for each appeal or motion.
Regardless of whether the petitioner is filing Form I-290B for an appeal or motion, they must provide a statement—either on the form itself under Part 7. Additional Information or on a separate piece of paper—regarding the basis for the petitioner’s appeal or motion.
Appeals do not require legal briefs to be filed alongside Form I-290B, but if the petitioner chooses to do so, they must check off a box indicating whether they are attaching the brief with the form or within 30 calendar days of filing the appeal.
For a motion to reopen, a brief and/or additional evidence must be attached alongside Form I-290B.
For a motion to reconsider, a brief must be attached alongside Form I-290B.
In the statement and/or legal brief filed with Form I-290B in support of an appeal, the petitioner must specifically identify an erroneous conclusion in law or fact in the USCIS decision.
The appeal must address all grounds of ineligibility identified in the unfavorable decision.
If a particular issue is not addressed in the form or supporting brief, USCIS may deem the issue waived for the appeal.
A waived ground of ineligibility may be the sole basis for a dismissed appeal.
If Form I-290B’s statement, additional information, and/or legal brief are for a motion to reopen, the petitioner must state new facts and be supported by documentary evidence demonstrating eligibility for the requested immigration benefit at the time the application or petition was filed.
USCIS also notes that if the original application was denied due to abandonment (such as not responding in a timely manner to a Request For Evidence), the individual may file a motion to reopen if they can show that the requested material was not material, that the evidence was previously submitted, or that the request was not properly mailed to the applicant.
If Form I-290B’s statement and legal brief are for a motion to reconsider, they must demonstrate that the decision was based on an incorrect application of law or policy (citing to relevant statutes, regulations, precedent decisions, or statements of USCIS policy), and that the decision was incorrect based on the evidence in the case record at the time of the decision.
Consider, for instance, a case where USCIS denies an athlete’s Form I-140, Immigrant Petition for Alien Workers because one of the criteria purportedly fulfilled was “command[ing] a high salary . . . in relation to others in the field,” and the athlete’s salary is below the average salary granted to other athletes in that sport who live in the United States.
However, this would be an incorrect legal standard, since if the athlete lives in a low-income country, the athlete would only need to prove significantly higher earnings than other athletes in the sport within their home country.
And while many common employment-based and other visas filed with USCIS are eligible for AAO appeal through Form I-290B, this is not true for all such petitions.
For a complete list of appealable adverse visa determinations, see the USCIS web pages dividing AAO jurisdiction both by subject matter and form number.
Examples of immigration determinations that fall outside of AAO jurisdiction include visitor/student visas, family-based petitions, asylum cases, or discretionary Adam Walsh Act (AWA) “no-risk” determinations.
A “no-risk” determination under the AWA is a legal assessment by USCIS indicating that a person convicted of a specified offense against a minor does not present a danger to the beneficiary—typically a family member—in an immigration petition.
Although a discretionary AWA “no-risk” determination may not be appealed to AAO (or indeed to any other immigration appeals body, instead requiring a motion to be filed with the office that issued the decision), AAO does have jurisdiction in AWA cases to review determinations regarding general eligibility requirements.
This includes determining whether the required relationship has been established and whether an offense qualifies as a “specified offense against a minor.”
The third type of action under Form I-290B—namely, filing an appeal regarding the denial of Form I-17 under ICE’s Student and Exchange Visitor Program (SEVP)—has a slightly different process, as it is adjudicated under ICE rather than USCIS. Despite this, the substantive nature is essentially the same as a USCIS motion or appeal.
For instance, the response must be within 30 days of the Form I-17 denial (with no 33-day option due to the system being entirely electronic).
Similarly, a motion to reopen must submit pertinent evidence not available at the time of the original visa petition’s submission, and a motion to reconsider must submit a legal brief identifying clear errors as a matter of law or SEVP policy.
Because the program is under ICE rather than USCIS, however, appeals are made to the Administrative Appeals Team (AAT) and motions are made with the SEVS original deciding body that issued the unfavorable decision (i.e., the SEVP School Certification Unit (SSC), SEVP Analysis and Operations Center (SAOC), or AAT).
Petitioners must submit their completed Form I-290B with the motion statement and any brief and/or evidence electronically to [email protected].
Unlike USCIS appeals, the SEVP system requires all evidence and/or briefs to be submitted together at one time.
Finally, the preparer of Form I-290B does not need to be an attorney, although the form requires checking off whether or not an attorney is the preparer.
Nonetheless, if your case has a substantive basis for appeal or motion, an attorney is generally recommended because such action is oftentimes accompanied by complex legal language and precedent decisions cited within the form and its accompanying legal brief.
An attorney will also be better equipped to determine whether to file an appeal or motion. You can book a consultation with an experienced immigration attorney free of charge here.
Form I-290B pdf
You can download the Form I-290B PDF directly from the USCIS website by clicking here.
How much is the appeal fee for Form I-290B?
Form I-290B filing fee depends on your category:
| I-290B Filing Category | Paper Filing Fee |
| General Filing | $800 |
| If you are filing as a person seeking or granted Special Immigrant Juvenile classification (only if filed for any benefit request filed before adjusting status or a motion filed for Form I-485, Application to Register Permanent Residence or Adjust Status, and an associated ancillary form). | $0 |
| If you are filing as a person seeking or granted T nonimmigrant status (including derivatives) (only if filed for any benefit request filed before adjusting status or a motion filed for Form I-485 and an associated ancillary form). | $0 |
| If you are filing as a petitioner for U nonimmigrant status (including derivatives) (only if filed for any benefit request filed before adjusting status or a motion filed for Form I-485 and an associated ancillary form). | $0 |
If you are filing as a person seeking or granted special immigrant visa or status as:
If Form I-290B is filed for any benefit request filed before adjusting status or a motion filed for a Form I-485. |
$0 |
| If this is the first I-290B filing for a parole request (Form I-131, Application for Travel Document) filed on behalf of a national of Afghanistan outside the United States, and that parole request was denied between Aug. 1, 2021, and Sept. 30, 2023. | $0 |
| If you are filing as a person seeking or granted adjustment of status as an abused spouse or child under the Cuban Adjustment Act (CAA) – if Form I-290B is filed for any benefit request filed before adjustment of status, or a motion filed on Form I-485. | $0 |
| If you are filing as a person seeking or granted adjustment of status as an abused spouse or child under the Haitian Refugee Immigration Fairness Act (HRIFA) – if Form I-290B is filed for any benefit request filed before adjustment of status or a motion filed on Form I-485. | $0 |
If you are filing as a person seeking or granted immigrant classification as a Violence Against Women Act (VAWA) self-petitioner (including derivatives):
|
$0 |
| If you are a conditional permanent resident filing a waiver of the joint filing requirement (Form I-751, Petition to Remove Conditions on Residence) based on battery or extreme cruelty. | $0 |
Certain applicants may be eligible for a Fee Waiver. Learn more: Form I-912, Request for Fee Waiver.
Acceptable forms of payment:
- Money order
- Personal check
- Cashier’s check
- Pay by credit card using Form G-1450, Authorization for Credit Card Transactions.
If you pay by check, it must be payable to the U.S. Department of Homeland Security.
USCIS filing fees are subject to change, check the most recent Form I-290B fees on the USCIS website (“Filing Fee”)
Form I-290B checklist of documents
Here is a general checklist of required documents for Form I-290B application (submit photocopies only):
|
Required evidence |
Acceptable documents |
| If filing motions |
|
| If filing appeals |
|
What are the chances of getting Form I-290B approved?
You can see the AAO (Administrative Appeals Office) appeal statistics for the last 5 years on the USCIS website.
The success rate of Form I-290B motions or appeals will naturally vary significantly depending on the type of case, the quality of the submission, and the specific facts. Generally, appeals and motions are more successful when they include strong legal arguments, compelling new evidence, or clear proof of errors in the original decision.
How long does it take to process Form I-290B?
The majority of Form I-290B applications are processed within 6 months. You can find the most recent AAO Processing Times on the USCIS website:
| Form Type | Case Type |
Completed 0-180 Days |
| Cumulative total of all completions | 97.65% | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% |
| I-129F | Petition for Fiancée | 100% |
| I-129H1B | Nonimmigrant Specialty Occupation Worker | 96.00% |
| I-129H3 | Nonimmigrant Trainees | 100% |
| I-129L | Nonimmigrant Intracompany Transferee | 100% |
| I-129O | Nonimmigrant Extraordinary Ability Worker | 100% |
| I-129P | Athletes, Artists and Entertainers | 100% |
| I-129Q | Nonimmigrant International Cultural Exchange | 100% |
| I-129R | Nonimmigrant Religious Worker | 100% |
| I-131 | Application for Travel Document | 100% |
| I-140A | Alien with Extraordinary Ability | 97.78% |
| I-140B | Outstanding Professor or Researcher | 100% |
| I-140C | Multinational Manager or Executive | 100% |
| I-140D | Advanced Degree Professional | 92.31% |
| I-140E | Professional Worker | 90.48% |
| I-140F | Skilled Worker | 100% |
| I-140G | Other Worker | 100% |
| I-140I | National Interest Waiver | 99.34% |
| I-212 | Application to Reapply for Admission | 100% |
| I-352 | Bond Breach | 100% |
| I-360C | Special Immigrant Juvenile | 93.18% |
| I-360D | Petition for Religious Worker | 100% |
| I-360N | Special Immigrant – Afghan Nationals who were Employed by or on Behalf of the U.S. Government in Afghanistan | 100% |
| I-360 VAWA | Violence Against Women Act Petition | 97.73% |
| I-485 SEC 13 | Sec. 13 of the Act of 1957 (Diplomats) | 100% |
| I-485T | Adjustment of Status of T Nonimmigrants | 100% |
| I-485U | Adjustment of Status of U Nonimmigrants | 100% |
| I-526 | Alien Entrepreneur | 62.50% |
| I-600 | Petition for Orphan | 88.89% |
| I-601 | Application for Waiver of Inadmissibility | 95.92% |
| I-612 | Application of 212(e) Waiver | 100% |
| I-821 | Temporary Protected Status | 100% |
| I-914 | Application for T Nonimmigrant Status | 80.00% |
| I-914A | Application for Family Member of T-1 Recipient | 100% |
| I-918 | Petition for U Nonimmigrant Status | 94.74% |
| N-565 | Replacement Naturalization/Citizenship Document | 100% |
| N-600 | Certificate of Citizenship | 100% |
| N-600K | Application for Citizenship and Issuance of Certificate Under Section 322 | 100% |
Form I-290B filing address
The filing address for Form I-290B depends on the type of decision being appealed or the office that issued the decision. You should refer to the USCIS “Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion” page for the most current and specific filing address, as it may vary depending on your case.
Form I-290B Motion to Reopen Sample
A motion to reopen is based on new facts or evidence that was not available at the time of the original decision. A sample might include:
- A completed Form I-290B.
- A cover letter explaining the basis for the motion.
- A statement of new facts.
- New evidence, such as affidavits, expert reports, or newly obtained documents.
- A detailed legal brief (if applicable) compiling the new evidence and asserting why that should, as a matter of law, serve as grounds for the petitioner to have their case reopened.
Form I-290B Motion to Reconsider Sample
A motion to reconsider must be based on the incorrect application of law or policy. A sample might include:
- A completed Form I-290B.
- A cover letter explaining the legal or policy errors in the original unfavorable agency decision.
- A detailed legal brief referencing applicable statutes, regulations, or case law and further fleshing out the substantive claims in the cover letter.
- Supporting documentation.
Form I-290B FAQs
What happens if Form I-290B is approved?
If your Form I-290B is approved, it means that your appeal or motion was successful. Depending on the nature of your case, this could mean that your application is reinstated, further reviewed, or granted.
What is Form I-290B used for?
Form I-290B is mostly used to file an appeal or motion regarding an unfavorable USCIS decision for select visa categories, though it can also be used for the same purposes under ICE’s Student and Exchange Visitor Program (SEVP).
How long does USCIS take to respond to I-290B?
The processing time for Form I-290B can vary depending on a variety of factors (such as the complexity of a case and USCIS case load). Generally, however, USCIS field offices and service centers attempt to adjudicate motions within 90 days, whereas the AAO attempts to adjudicate motions and appellate review within 180 days. If you do not receive a decision within that time, you may contact the USCIS Contact Center at 800-375-5283 and ask for a “service request.”
Can I stay in the US while my Form I-290B is pending?
No. A pending I-290B does not generally create an independent right to remain in the United States. As such, it is essential to file an I-290B as soon as possible to allow for adjudication of the appeal or motion. If the petition is still pending at the tail end of the petitioner’s authorized stay in the country, it is advised they leave the country and wait out its adjudication to avoid incurring what is called the “three- or ten-year bar.” If an individual is unlawfully present in the U.S. for more than 180 days but less than a year, they are inadmissible to return for three years; if they are unlawfully present for a year or more, they are inadmissible to return for ten years.
See Also:
Notice of Intent to Deny (NOID) USCIS
What is a Request for Evidence (RFE)?