Instructions For Form I-290b - Notice Of Appeal Or Motion (Page 4 of 9) in pdf

You must clearly indicate if you are filing an appeal or a motion. The adverse decision will indicate whether you may file

an appeal or a motion. Although the adverse decision may indicate that you can file an appeal and a motion, you can only

file one or the other using a single Form I-290B. The requirements for motions to reopen and motions to reconsider are

located at 8 CFR 103.5. If you file an appeal, the reviewing office will either take favorable action or forward the appeal

to the AAO. See 8 CFR 103.3. The reviewing office is the USCIS office that denied the application or petition.

NOTE: An adverse decision from the AAO may not be further appealed to the AAO. However, you may file a motion to

reopen and/or reconsider an AAO decision with the AAO.

Item Number 2. USCIS Form for Which You Are Filing an Appeal or Motion to Reopen/Reconsider. Provide the

form number for the denied application or petition (for example, Form I-140, Form I-360, Form I-129, Form I-485, Form

I-601.) If you use the dropdown menu and the form number is not listed, select “other” in the dropdown menu.

Item Number 3. Specific Classification Requested. Provide the specific classification requested (for example, H-1B,

R-1, O-1, EB-1, EB-2, EB-3, if applicable.) If you use the dropdown menu and the status is not listed, select “other” in

the dropdown menu.

Item Number 4. Date of Adverse Decision. Provide the date of the decision that is the basis for your appeal or motion,

in mm/dd/yyyy format.

Item Number 5. Office Where Last Decision Was Issued. Provide the name of the DHS office that denied or revoked

the application or petition. If you are filing a motion on an adverse AAO decision, the correct office is “Administrative

Appeals Office (AAO).” If you are using the dropdown menu and the office name is not listed, select “Other” in the drop

down menu.

Part 3. Basis for Appeal or Motion

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

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

Motion to Reopen: The motion must state new facts and must be supported by affidavits and/or documentary evidence

demonstrating eligibility at the time the underlying application or petition was filed.

Motion to Reconsider: The motion must be supported by citations to appropriate statutes, regulations, or precedent

decisions when filed and must establish that the decision was based on an incorrect application of law or policy, and that

the decision was incorrect based on the evidence of record at the time of decision.

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

Complete Section A if you are filing an appeal or motion based on an application or petition filed by an individual.

Complete Section B if you are filing an appeal or motion based on an application or petition filed by an entity such as a

company or business.

Item Numbers 1.a. - 6.b. 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). Every form MUST contain the signature of the applicant or petitioner (or

parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.

Form I-290B Instructions 04/10/17 N

Page 4 of 9

Instructions For Form I-290b - Notice Of Appeal Or Motion Page 4