I-290B

Notice of Appeal or Motion

Agency
USCIS
Revision
Edition 05/31/24
Fillable fields
85
Pages
5
Official source
USCIS form page
Checked
October 20, 2026
Fill I-290B online
Page 1 of form I-290B

Form I-290B: Notice of Appeal or Motion

Form I-290B, Notice of Appeal or Motion, is the USCIS form used to file an appeal with the Administrative Appeals Office (AAO) or a motion with the USCIS office that issued the latest decision in a case, including a field office, service center or the AAO. Schools may also use it for certain appeals or motions on ICE Student and Exchange Visitor Program decisions about Form I-17.

Whether Form I-290B is available depends on the benefit request USCIS decided and on whether an appeal or a motion is sought. USCIS keeps a list by form number on its When to Use Form I-290B page, and the instructions say the notice that came with the unfavorable decision states whether an appeal or a motion may be filed.

The instructions say a beneficiary of a petition or application may not file an appeal or motion unless specifically permitted by law. The USCIS page names one exception: a beneficiary of a revoked Form I-140 who was told an appeal or motion may be filed.

Top of page 1 of Form I-290B: Notice of Appeal or Motion, as printed by USCIS

What's on Form I-290B

Part 1: Applicant or petitioner

Name or business name, date of birth, A-Number, USCIS online account number and mailing address. VAWA, T, U and Special Immigrant Juvenile cases may give a safe or alternate mailing address here.

Part 2: The appeal or motion

One box for an appeal (1.a. to 1.c., depending on whether a brief or evidence is attached, coming later or not coming) or a motion (2.a. reopen, 2.b. reconsider, 2.c. both), then the form number, receipt number, classification, decision date and office.

Part 3: Basis for the appeal or motion

A written statement of why the decision should be changed, following the rules the form prints for an appeal, a motion to reopen and a motion to reconsider.

Parts 4 to 6: Signatures

The applicant's or petitioner's contact information, certification and signature, then the interpreter and preparer sections.

Part 7: Additional information

Extra space for any answer, including the rest of the Part 3 statement, with the page, part and item number it continues.

How to fill out Form I-290B

  1. 1

    Check the deadline first

    In most cases the instructions give 30 calendar days from the date of service, or 33 if the decision was mailed. An appeal of a revoked immigrant petition under 8 CFR 205.2 has 15 days, or 18 if mailed. The date of service is the mailing date, not the date received.

  2. 2

    Select only one box in Part 2

    One Form I-290B is either an appeal or a motion, not both. The instructions say selecting both may lead to dismissal or rejection.

  3. 3

    Give one form number and one receipt number

    Enter the form that is the subject of the appeal or motion, such as Form I-140 or Form I-485, and its receipt number from the USCIS notice. Each application or petition needs its own Form I-290B.

  4. 4

    Write the Part 3 statement

    For an appeal, the instructions say to identify an erroneous conclusion of law or statement of fact and address every ground in the decision. A motion to reopen states new facts with documents, and a motion to reconsider states the reasons with any pertinent precedent decisions.

  5. 5

    Attach the brief and evidence

    A motion includes any brief and evidence with the form, plus a statement on whether the decision is or was the subject of any judicial proceeding. For an appeal under 1.b., the brief goes directly to the AAO within 30 calendar days of filing.

  6. 6

    Sign Part 4

    A stamped or typewritten name is not accepted, and a parent or legal guardian may sign for someone under 14. This page lets you fill the form online free, then print it for your signature.

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Where to file, timing and fees

Where to file

The USCIS page says the filing location changed on Oct. 7, 2026, and points to its Direct Filing Addresses for Form I-290B page, where the address depends on the reason for filing. Forms postmarked on or before Nov. 9, 2026, and sent to a prior location are accepted. The page says not to file directly with the AAO.

Late filings

The USCIS page says a late appeal is rejected unless the office that issued the decision finds it meets the requirements of a motion. A late motion is denied, though a late motion to reopen may be excused when the delay was reasonable and beyond the filer's control.

Fee

The fee is on the USCIS Fee Schedule page, and the instructions point to Form G-1055. Fees can change, so check it on the day you file. The page says each other form sent with it needs its own fee, and one payment for several requests may be rejected.

What gets a form rejected

The USCIS page lists an incorrect form version, an incorrect or unpaid fee, a blank family name or business name, a blank mailing address, and more than one box selected in Part 2.

Copies of earlier filings

The USCIS page says a copy of a USCIS notice is usually acceptable evidence of a prior filing. A copy of a full prior application is marked COPY at the top of each page.

Oral argument

A request for oral argument before the AAO is a letter attached to Form I-290B explaining why it is necessary. The instructions say the AAO has sole discretion to grant it and the U.S. Government does not provide interpreters for it.

Who files Form I-290B?

  • Applicants and petitioners

    The person or organization whose application or petition received the unfavorable decision. A business or organization gives its complete name in Part 1 and skips the individual name and date of birth.

  • Some Form I-140 beneficiaries

    The USCIS page says a beneficiary of a Form I-140 whose approval was revoked, and who was advised that a motion or appeal may be filed, may file Form I-290B with the USCIS revocation notice.

  • Schools with SEVP decisions

    Schools may use the form for certain denials of Form I-17 or when SEVP withdraws its approval for nonimmigrant students to attend. The instructions say the SEVP notice letter includes filing instructions where they apply.

  • Not for BIA appeals

    The USCIS page says appeals of Form I-130 and of widow(er) petitions on Form I-360 fall under the Board of Immigration Appeals, and are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals.

  • Other cases it does not cover

    The USCIS page lists a Department of State consular visa denial, Special Agricultural Worker or Legalization appeals (filed on Form I-694), and an appeal of an Adam Walsh Act no risk determination, which can only be reviewed by motion.

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Questions about Form I-290B

What is the difference between an appeal and a motion?

An appeal goes to the AAO. A motion goes to the office that issued the latest decision and asks it to reopen or reconsider. The instructions say that office reviews an appeal first and may treat it as a motion and approve the case.

How long do I have to file Form I-290B?

The instructions give 30 calendar days from the date of service in most cases, or 33 if the decision was mailed. An appeal of a revocation under 8 CFR 205.2 has 15 days, or 18 if mailed.

Can I appeal an AAO decision to the AAO?

No. The instructions say USCIS rejects an appeal of an AAO decision to the AAO, but a motion may be filed on an AAO decision.

Can the beneficiary of a petition file Form I-290B?

Generally no. The instructions say a beneficiary may not file unless specifically permitted by law, such as a beneficiary of an employment-based petition whose porting request USCIS has favorably decided.

Where do I appeal a denied Form I-130?

Not on Form I-290B. The USCIS page says I-130 appeals fall under the Board of Immigration Appeals and are filed on Form EOIR-29.

What is the Form I-290B filing fee?

USCIS fees change, so this page does not list one. The I-290B page points to the USCIS Fee Schedule, and the instructions point to Form G-1055.