Instructions for Notice of Appeal or Motion USCIS

 Form I-290B

Department of Homeland Security OMB No. 1615-0095 

U.S. Citizenship and Immigration Services Expires 02/28/2026 

What Is the Purpose of Form I-290B? 

Form I-290B, Notice of Appeal or Motion, is primarily used to file:

1. An appeal with the Administrative Appeals Office (AAO); or 

2. A motion with the U.S. Citizenship and Immigration Services (USCIS) office that issued the latest decision in your 

case (including a field office, service center, or the AAO). 

Please visit www.uscis.gov/i-290b/jurisdiction for the immigration benefit types that are eligible for an appeal or motion 

using this form. 

Schools may also use Form I-290B for appeals or motions regarding certain denials of U.S. Immigration and Customs 

Enforcement (ICE) Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student, filed with ICE 

Student and Exchange Visitor Program (SEVIS). Form I-290B may also be used for appeals and motions when ICE 

withdraws a school’s approval for attendance by nonimmigrant students. If the decision is appealable, the notice letter 

will include instructions for filing an appeal or motion.

Who May Not File Form I-290B? 

1. If you are the beneficiary of a petition or an attorney or accredited representative of the beneficiary, you MAY NOT 

file an appeal or motion unless otherwise instructed by USCIS and as specifically permitted by law. Only an applicant 

or petitioner may file an appeal or motion. Similarly, an attorney or accredited representative MAY NOT file an 

appeal or motion on the behalf of a beneficiary. 

2. Do not use this form to file an appeal with the Board of Immigration Appeals (BIA). The BIA has jurisdiction over 

appeals of Form I-130, Petition for Alien Relative, and Form I-360, Self-Petition for a Widow(er) of a U.S. Citizen. 

You may file an appeal with the BIA using Form EOIR-29, which is available at the USCIS website at

www.uscis.gov/eoir-29 and at the Department of Justice website at www.justice.gov/eoir/list-downloadable-eoirforms. 

3. Do not use this form to appeal the denial of a U.S. visa application by an overseas Department of State consular 

officer (for example, Forms DS-156, DS-156E, DS-156K, DS-117, DS-157, DS-230, or DS-260). For information 

about U.S. visa application denials, visit the Department of State website at http://travel.state.gov/content/visas/en/ 

general/denials.html. 

4. Do not use this form for appeals of Special Agricultural Worker or Legalization applications. You must file these 

appeals on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality 

Act. Form I-694 is available at www.uscis.gov/i-694. 

General Instructions 

We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest 

version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have internet 

access, you may call the USCIS Contact Center and ask that we mail a form to you. 

Form I-290B Instructions 04/01/24 Page 1 of 7 
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Timeliness. In most cases, you must file your appeal or motion within 30 calendar days of the date of service of the 

adverse decision (or within 33 calendar days if we mailed the decision to you). However, if you are appealing a decision 

to revoke the approval of an immigrant petition under 8 CFR 205.2, you must file the appeal within 15 calendar days (or 

within 18 calendar days if we mailed the decision to you).

NOTE: If we sent you the decision by mail, the “date of service” is the date we mailed the decision, not the date you 

received it. See 8 CFR 103.8(b). Decisions are normally mailed the same day they are issued.

USCIS will reject a late-filed appeal unless the office that issued the adverse decision determines that the untimely appeal 

meets the requirements of a motion to reopen or a motion to reconsider. 

USCIS will deny a late-filed motion, except we may excuse the failure to timely file a motion to reopen if we determine 

that the delay was reasonable and beyond your control. 

Signature. You (or your signing authority) must properly complete your form. USCIS will not accept a stamped or 

typewritten name in place of any signature on this form. If you are under 14 years of age, your parent or legal guardian 

may sign the form on your behalf. A legal guardian may also sign for a mentally incompetent person. If your form is not 

signed, or if the signature is not valid, we will reject your form. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request 

for adjudication and determines that it has a deficient signature, USCIS may deny the request.

Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature 

as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink 

signature. 

Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to 

this form. 

Evidence. When you file your form, you must submit all evidence and supporting documents listed in the What 

Evidence Must You Submit and/or Specific Instructions sections of these Instructions. 

Biometric Services Appointment. USCIS may require you to appear for an interview or provide biometrics (fingerprints, 

photograph, and/or signature) at any time to verify your identity, obtain additional information, and conduct background 

and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation 

(FBI), before making a decision on your application or petition. If we determine that a biometric services appointment 

is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are 

currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the 

United States to schedule an appointment. 

At your biometrics appointment, you must sign an oath reaffirming that: 

1. You provided or authorized all information in the form;

2. You reviewed and understood all of the information contained in, and submitted with, your form; and 

3. All of this information was complete, true, and correct at the time of filing.

If you do not attend your biometric services appointment, we may deny your form. 

Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you to 

submit an original document. USCIS may request an original document at any time during our process. If we request an 

original document from you, we will return it to you after USCIS determines it no longer needs the original. 

NOTE: If you submit original documents when they are not required or requested, USCIS may destroy them after we 

receive them. 

Translations. If you submit a document with information in a foreign language, you must also submit a full English 

translation. The translator must sign a certification that the English language translation is complete and accurate, and that 

they are competent to translate from the foreign language into English. The certification must also include their signature, 

printed name, the signature date, and their contact information. 
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USCIS Contact Center. For additional information on the form and Instructions about where to file, change of 

address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call at 800-375-5283 

(TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish. 

Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the instructions 

on your appointment notice or at www.uscis.gov/accommodationsinfo. 

How to Complete Form I-290B 

1. Type or print legibly in black ink.

2. If you need extra space to complete any item within this form, use the space provided in Part 7. Additional 

Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) 

(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer 

refers; and sign and date each sheet. 

3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been 

married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise 

directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many 

children do you have” or “How many times have you departed the United States”), type or print “None” unless 

otherwise directed. 

Specific Instructions

Form I-290B is divided into Parts 1. through 7. 

Part 1. Information About the Applicant or Petitioner 

Item Numbers 1.a. - 1.c. Full Name. If an individual applicant or petitioner is filing this appeal or motion, provide his 

or her full legal name. If the applicant or petitioner has two last names, include both and use a hyphen (-) between the 

names, if appropriate. If the applicant or petitioner has only one name, enter the name in the Family Name (Last Name) 

field.

Item Number 2. Business or Organization Name (if applicable). If a business or organization is filing this appeal or 

motion, provide its complete name, without abbreviations. 

Item Number 3. Item Number 3. Alien Registration Number (A-Number) (if any). Provide your A-Number. We 

use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you 

have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or 

print “N/A.” 

Item Number 4. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN) if you 

previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your 

OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice 

we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the 

same as an A-Number. 

Item Numbers 5.a. - 5.i. Mailing Address. Provide the address where you would like to receive written correspondence 

regarding your form. 
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Part 2. Information About the Appeal or Motion 

Item Numbers 1.a. - 1.f. Appeal or Motion Request (Select only one box). Select a single box from Item Numbers 

1.a. - 1.f. Do not select more than one box or make any changes to the form. If you select more than one box, your filing 

may be rejected.

You must clearly indicate if you are filing an appeal or a motion. The notice you received with the adverse decision will 

state whether you may file an appeal or a motion. Although you may be eligible to file an appeal and a motion, you may 

only file one or the other using a single Form I-290B. 

The requirements for appeals are located at 8 CFR Section 103.3, and the requirements for motions are located at 8 CFR 

Section 103.5.

If you file an appeal, the USCIS office that issued the adverse decision will review the appeal before it is sent to the AAO. 

See 8 CFR Section 103.3. If the office determines that favorable action is warranted, it may treat your appeal as a motion 

and approve your application or petition, making further AAO review unnecessary. If the office decides that favorable 

action is not warranted, it will forward your appeal to the AAO for review. 

NOTE: You cannot appeal a decision of the AAO to the AAO. However, you may file a motion on an AAO decision.

Item Number 2. USCIS Form for the Application or Petition That is the Subject of This Appeal or Motion. Provide 

the form number for the application or petition that is the subject of your appeal or motion (for example, Form I-140, 

Form I-360, Form I-129, Form I-485, Form I-601). If you are filing this form electronically and the form number is not 

listed in the drop-down menu, select “Other.” 

Item Number 3. Receipt Number for the Application or Petition. Provide the receipt number for the application or 

petition that is the subject of your appeal or motion. A receipt number is an inventory control number assigned to a case 

by USCIS. Receipt numbers generally start with three letters (EAC, LIN, MSC, NBC, SRC, WAC, or YSC) followed by a 

series of numbers (for example, SRC 12 345 67890). Receipt numbers are located on USCIS-issued notices.

Item Number 4. Requested Nonimmigrant or Immigrant Classification. Provide the specific classification requested 

(for example, H-1B, R-1, O-1, EB-1, EB-2, EB-3, if applicable). If you are filing this form electronically and the 

classification is not listed in the drop-down menu, select “Other.”

Item Number 5. Date of the Adverse Decision. Provide the date of the decision that is the subject of your appeal or 

motion, in mm/dd/yyyy format. 

Item Number 6. Office That Issued the Adverse Decision. Provide the name of the office that issued the decision 

that is the subject of your appeal or motion. If you are filing a motion on an AAO decision, the correct office is 

“Administrative Appeals Office (AAO).” If you are filing this form electronically, and the office name is not listed in the 

drop-down menu, select “Other.” 

Part 3. Basis for the Appeal or Motion 

You must type or print the basis for the appeal or motion in Part 7. Additional Information or on a separate sheet of 

paper. If you attach a separate sheet of paper, include your name and A-Number (if any) on the top of each sheet; indicate 

the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

Appeal: Provide a statement that specifically identifies an erroneous conclusion of law or fact in the decision being 

appealed. You must provide this information with the Form I-290B, even if you intend to file a brief later. If you 

need extra space to complete this section, use the space provided in Part 7. Additional Information. 

Motion to Reopen: A motion to reopen must state new facts and must be supported by documentary evidence 

demonstrating eligibility for the required immigration benefit at the time you filed the application or petition.
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Motion to Reconsider: A motion to reconsider must demonstrate that the decision was based on an incorrect application 

of law or policy, and that the decision was incorrect based on the evidence in the case record at the time of the decision. 

The motion must be supported by citations to appropriate statutes, regulations, precedent decisions, or statements of 

USCIS policy. 

Combined Motions to Reopen and Reconsider: You may file a combined motion to reopen and motion to reconsider. 

We will separately determine whether the combined motion satisfies the requirements of a motion to reopen and a motion 

to reconsider. We may grant both motions, grant one motion but deny the other, or deny both motions. 

Part 4. Applicant’s or Petitioner’s Statement, Contact Information, Certification, and Signature

Complete Section A, Item Numbers 1.a. - 6.b., if you are filing an appeal or motion based on an application or petition 

filed by an individual. Complete Section B, Item Numbers 1.a. - 8.b., if you are filing an appeal or motion based on a 

petition filed by a business or organization. Select the appropriate box to indicate whether you read this form yourself 

or whether you had an interpreter assist you. If someone assisted you in completing the form, select the box indicating 

that you used a preparer. Further, you must sign and date your form and provide your daytime telephone number, mobile 

telephone number (if any), and email address (if any). If you are completing Section B as an authorized signatory of a 

business or organization, you must also provide your full legal name and title. Every form MUST contain the signature 

of the applicant or petitioner (or parent, legal guardian, or authorized signatory, if applicable). A stamped or typewritten 

name in place of a signature is not acceptable. 

Part 5. Interpreter’s Contact Information, Certification, and Signature

Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this form to you 

in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and 

address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone 

number (if any), and his or her email address (if any). The interpreter must sign and date the form.

Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Form, if Other Than the 

Applicant or Petitioner 

Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your form, if other 

than you, the applicant or petitioner. If the same individual acted as your interpreter and your preparer, that person 

should complete both Part 5. and Part 6. If the person who completed this form is associated with a business or 

organization, that person should complete the business or organization name and address information. Anyone who 

helped you complete this form MUST sign and date the form. A stamped or typewritten name in place of a signature 

is not acceptable. If the person who helped you prepare your form is an attorney or accredited representative whose 

representation extends beyond preparation of this form, he or she may be obliged to also submit a completed Form G-28, 

Notice of Entry of Appearance as Attorney or Accredited Representative, along with your form. All appeals filed by 

an attorney or representative on behalf of an applicant or petitioner must contain a new, properly executed Form 

G-28. 

We recommend that you print or save a copy of your completed form for your records. 

What Evidence Must You Submit? 

You must submit all evidence requested in these Instructions with your form. If you fail to submit required evidence, 

USCIS may reject or deny your form in accordance with 8 CFR 103.2(b)(1) and these Instructions.

For motions, you must file any brief and/or additional evidence together with Form I-290B. All motions must also contain 

a statement about whether the USCIS decision that is the basis of the motion is, or has been, the subject of any judicial 

proceeding; and, if so, the court, nature, date, and status or result of the proceeding.
Form I-290B Instructions 04/01/24 Page 6 of 7 

NOTE: There are additional evidentiary requirements for a motion to reopen an application or petition denied due to 

abandonment. See 8 CFR 103.5(a)(2).

For appeals, you must file any brief and/or additional evidence within 30 calendar days of filing Form I-290B. Any brief 

and/or evidence submitted after you file Form I-290B must be sent directly to the AAO, even if the appeal has not yet 

been transferred to the AAO. 

For the AAO’s mailing address, visit www.uscis.gov/aao. The submission must clearly identify the appeal it relates to. 

If you have filed multiple related appeals with the AAO, you must provide separate copies of any brief and/or additional 

evidence for each appeal. Otherwise, the AAO may not be able to consider the submitted information for the related 

appeals. 

You may request an oral argument before the AAO in Washington, D.C., by submitting a letter attached to Form I-290B. 

The letter must explain specifically why an oral argument is necessary (for example, why your argument cannot be 

adequately addressed in writing.) The AAO has sole discretion to grant or deny the request. If the AAO grants your 

request, it will inform you of the date, time, place, and conditions of the oral argument. The U.S. Government does not 

provide interpreters for oral arguments. 

Where To File? 

Please see our website at www.uscis.gov/I-290B for the most current information about where to file this form.

Address Change 

If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous 

residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the 

USCIS Contact Center. 

NOTE: Do not submit a change of address request to the USCIS Lockbox. 

Processing Information 

Initial Processing. Once USCIS accepts your form we will check it for completeness. If you do not properly complete 

this form, you will not establish a basis for your eligibility and we may reject or deny your form.

Requests for More Information. USCIS may request that you provide more information or evidence to support your 

form. We may also request that you provide the originals of any copies you submit. If we request an original document 

from you, we will return it to you after USCIS determines it is no longer needed. 

Decision. The decision on Form I-290B involves a determination of whether you have established eligibility for the 

immigration benefit you are seeking. USCIS will notify you of our decision in writing.

USCIS Forms and Information 

To ensure you are using the latest version of this form, visit www.uscis.gov. 
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Penalties 

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-290B, we 

will deny your motion or dismiss your appeal and may deny any other immigration benefit. In addition, you will face 

severe penalties provided by law and may be subject to criminal prosecution.

DHS Privacy Notice 

AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the 

Immigration and Nationality Act section 103 and 8 CFR Sections 103.3 and 103.5.

PURPOSE: The primary purpose for providing the requested information on this form is to enable you to file an appeal 

or motion to reopen or motion to reconsider certain decisions by USCIS or a bond breach determination issued by U.S. 

Immigration and Customs Enforcement. DHS will use the information you provide on this form to adjudicate your appeal 

or motion. 

DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, 

including your Social Security number, and any requested evidence, may delay a final decision or result in dismissal of 

your appeal or denial of your motion. 

ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign 

government agencies and authorized organizations. DHS follows approved routine uses described in the associated 

published system of records forms [DHS/USCIS-001 - Alien File, Index, and National File Tracking System and DHS/

USCIS-007 - Benefits Information System] and published privacy impact assessments [DHS/USCIS/PIA-016(a) 

Computer Linked Application Information Management System and Associated Systems and DHS/USCIS/PIA-062 

Administrative Appeals Office Case Management System], which can be found at www.dhs.gov/privacy. DHS may also 

share the information, as appropriate, for law enforcement purposes or in the interest of national security. 

Paperwork Reduction Act 

USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of 

information unless it displays a currently valid Office of Management and Budget (OMB) control number. The public 

reporting burden for this collection of information is estimated at 1.317 hours per response including the time for 

reviewing instructions, gathering the required documentation and information, completing the form, preparing statements, 

attaching necessary documentation, and submitting the form. Send comments regarding this burden estimate or any 

other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and 

Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, 

Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0095. Do not mail your completed Form I-290B to 

this address.