I-290B, Notice of Appeal or Motion
Use this form to file:
- An appeal with the Administrative Appeals Office (AAO);
- A motion with the USCIS office that issued the latest decision in your case (including a field office, service center, or the AAO); or
- Certain appeals of the denial of an Immigration and Customs Enforcement (ICE) Form I-17, “Petition for Approval of School for Attendance by Nonimmigrant Student” with the ICE Student and Exchange Visitor Program.
Do not use this form if you:
- Are the beneficiary of a petition. Generally, only an applicant or petitioner may file an appeal or motion.
EXCEPTION: If you are the beneficiary of a Form I-140, Immigrant Petition for Alien Worker and we have revoked your approved Form I-140 and advised you that you may file a motion or appeal, you may then file a Form I-290B. Please include the USCIS revocation notice with your Form I-290B. For further information about this exception, please see the Motions and Appeals section of the I-140 Filing and Processing Procedures webpage.
- Want to file an appeal with the Board of Immigration Appeals (BIA). Appeals of Form I-130, Petition for Alien Relative, fall under the appellate jurisdiction of the BIA. The BIA also has jurisdiction over appeals of immigrant petitions that widow(er)s have filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You may file an appeal with the BIA using Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals.
- Want to appeal a USCIS “no risk” determination under the Adam Walsh Act. You may seek further review by filing a motion to reopen or reconsider on Form I-290B, Notice of Appeal or Motion, but there is no appeal available from such a determination.
- Want to appeal a Department of State consular officer’s denial of your U.S. visa application (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, please visit the Department of State website.
- Want to appeal a Special Agricultural Worker or Legalization application. 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.
12/02/19. We will publish a new edition of this form soon. In the meantime, you may continue using the 12/02/19 edition despite the expiration date. You can find the edition date at the bottom of the page on the form and instructions.
Dates are listed in mm/dd/yy format.
File your appeal or motion at the appropriate address listed on our Direct Filing Addresses for Form I-290B, Notice of Appeal or Motion page. Do not file Form I-290B directly with the Administrative Appeals Office.
We recommend reading our tips for filing forms with USCIS.
Filing Tips for Form I-290B, Notice of Appeal or Motion
Complete all sections of the form that apply to you. We will reject the form if it is the incorrect version, if the fee is incorrect or not paid, or if the following fields are left blank:
- Part 1 – Information About the Applicant or Petitioner
- If you are the beneficiary of a revoked Form I-140 with a favorably adjudicated porting request, and we have advised you that you may file an appeal using Form I-290B, provide the information about you in Part 1.
- Family Name or Complete Name of Business/Organization
- Mailing Address
- Part 2 – Information About the Appeal or Motion
- You must select only one box indicating that you are filing an appeal or motion, not both. If you select more than one box, we may reject your filing.
For additional filing assistance, please visit the AAO Practice Manual.
Don’t forget to sign your form! We will reject and return any unsigned form.
You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers cannot process credit card payments.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.
If you are a special immigrant Iraqi or Afghan national who worked for or on behalf of the U.S. government, you do not need to pay a fee when you file Form I-290B to appeal a denial of a petition for a special immigrant visa.
E-Notification: If you want to receive an e-mail and/or a text message that your Form I-290B has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your form.