What is the Administrative Appeals Office (AAO)?

The AAO is the highest administrative body within USCIS for reviewing certain immigration decisions. It provides independent review of USCIS denials through Form I-290B appeals, focusing on legal and policy interpretation rather than factual determinations.

Which USCIS decisions can be appealed to the AAO?

Appealable decisions include most employment-based petitions (I-140, I-129), family-based petitions with certain exceptions, adjustment of status applications in some cases, naturalization denials, and various other USCIS forms as specified in regulations. Form I-130 family petitions are generally not appealable to AAO.

What is the deadline to file an AAO appeal?

You must file Form I-290B within 30 calendar days from the date of the unfavorable decision. This deadline is jurisdictional and cannot be waived or extended. The appeal must be properly filed with the correct fee ($675) and supporting documentation within this timeframe.

What evidence can I submit with my AAO appeal?

You can submit new evidence that addresses deficiencies in your original petition, legal arguments challenging USCIS interpretation, relevant precedential decisions, regulatory citations, and documentation that was not available during initial filing. However, the AAO does not conduct oral hearings.

How long does the AAO take to decide appeals?

AAO processing times vary widely, typically ranging from 12-24 months or longer depending on case complexity and caseload. Complex cases involving precedential issues may take significantly longer. Check current processing times on the USCIS website for most recent estimates.

Administrative Appeals Office (AAO) Procedures

Last updated: January 15, 2025

Critical 30-Day Deadline

Form I-290B appeals must generally be filed within 30 days of the adverse USCIS decision. This deadline is jurisdictional and cannot be extended.

About the Administrative Appeals Office

The Administrative Appeals Office (AAO) is the highest administrative body within USCIS for reviewing certain adverse decisions. The AAO provides independent review of USCIS determinations and issues precedential decisions that guide future case adjudications.

Unlike immigration court proceedings, AAO appeals are paper-based administrative reviews with no oral hearings. The AAO reviews the original record, appeal brief, and any new evidence submitted with the Form I-290B.

Appealable Decisions

Can Appeal to AAO

Denials of Form I-129 nonimmigrant worker petitions (H, L, O, P, Q, R classifications)
Denials of Form I-140 immigrant worker petitions (EB-1, EB-2, EB-3 classifications)
Denials of Form I-526 EB-5 investor petitions
Denials of Form I-824 requests for duplicate approval notices
Denials of Form I-539 applications to extend/change nonimmigrant status
Denials of Form I-765 employment authorization applications (certain categories)
Revocations of previously approved immigrant and nonimmigrant petitions

Cannot Appeal to AAO

Form I-485 adjustment of status applications
Form I-130 family-based immigrant petitions
Form I-131 applications for travel documents
Form I-730 refugee/asylee relative petitions
Form I-751 removal of conditions petitions
Form I-829 removal of conditions for EB-5 investors
Most decisions subject to immigration court jurisdiction

Appeal Filing Requirements

To file a valid AAO appeal, you must:

Form I-290B filed within 30 or 33 days of adverse decision (depends on case type)
$675 filing fee (increased under H.R. 1 - 2025) unless fee waiver granted
Statement explaining legal or factual errors in USCIS decision
Supporting evidence addressing reasons for denial
Proper service on interested parties if required
Standing to file appeal (petitioner, beneficiary, or authorized representative)

2025 Fee Increase

AAO appeal filing fee increased to $675 under H.R. 1 (from previous $675). Fee waivers available only in limited circumstances with Form I-912.

Appeal Deadlines

Standard Appeals

30 days

Most I-290B appeals must be filed within 30 calendar days of the adverse decision

I-539 Applications

33 days

Appeals of I-539 extension/change of status denials have 33-day deadline

Premium Processing

30 days

Premium processing cases maintain standard 30-day appeal deadline

Deadline Calculation

Appeal deadlines are calculated from the date of the decision notice, not the date you received it. Weekend and federal holidays do not extend the deadline.

Required Elements of Appeal Brief

Your I-290B appeal statement must include:

Specific identification of the decision being appealed
Clear statement of legal and factual errors in USCIS decision
Citations to relevant law, regulations, or USCIS policy
New evidence addressing deficiencies identified in denial
Legal arguments explaining why decision should be reversed
Request for specific relief (approval, remand, or other action)

AAO Appeal Process

Review USCIS Decision

Carefully analyze denial notice to understand specific reasons for adverse decision

Determine Appealability

Confirm that the decision is subject to AAO jurisdiction and appeal rights

Prepare Form I-290B

Complete appeal form with detailed statement of errors and supporting arguments

Gather Supporting Evidence

Collect new evidence and documentation addressing deficiencies cited in denial

File Appeal Timely

Submit I-290B with fee and evidence within applicable deadline (30 or 33 days)

AAO Review Process

AAO reviews record, appeal brief, and new evidence to determine outcome

Final AAO Decision

AAO issues decision either sustaining, withdrawing, or remanding the case

Types of AAO Decisions

Sustain (Affirm)

AAO agrees with USCIS decision. Appeal is dismissed and original denial stands. This is the most common outcome.

Withdraw (Reverse)

AAO disagrees with USCIS decision and approves the underlying petition or application. Appeal is granted.

Remand

AAO sends case back to USCIS office for further review, additional evidence, or new decision under proper standards.

Dismiss

Appeal dismissed for procedural reasons such as late filing, lack of jurisdiction, or abandonment by appellant.

Strategic Considerations

When to Appeal

• Clear legal errors in USCIS analysis or application of law
• Factual findings contradicted by record evidence
• New evidence available that addresses denial reasons
• USCIS failed to consider relevant evidence or arguments
• Decision inconsistent with USCIS policy or precedent

When Not to Appeal

• Factual determinations well-supported by evidence
• Clear application of established legal standards
• Lack of new evidence to address deficiencies
• Better strategy is to file new petition with corrections
• Alternative relief options available

Common Appeal Grounds

Misapplication of Legal Standards

USCIS applied incorrect legal standard, failed to consider relevant factors, or misinterpreted regulations or precedent decisions.

Failure to Consider Evidence

USCIS failed to consider relevant evidence submitted with petition or gave insufficient weight to probative evidence.

Inconsistent with Policy

Decision conflicts with published USCIS policy memoranda, AAO precedent decisions, or established agency practice.

New Evidence Available

Newly obtained evidence that was not available at time of original filing and directly addresses reasons for denial.

Processing Times and Statistics

Processing Time

AAO appeals typically take 6-18 months to decide, depending on case complexity and AAO workload. No expedited processing available.

Success Rate

AAO sustains (upholds) most USCIS decisions. Appeal success rate varies by case type but is generally 15-25% overall.

Precedential Decisions

Some AAO decisions are designated as precedential and binding on USCIS. These establish important policy interpretations.

Motion Practice Before AAO

Motion to Reopen

Can file motion to reopen AAO decision based on new facts or evidence. Must be filed within 30 days of AAO decision with $675 fee.

Motion to Reconsider

Can file motion to reconsider based on legal errors in AAO decision. Must be filed within 30 days with $675 fee and cite legal authorities.

After Adverse AAO Decision

Options After AAO Denial

1Federal Court Review: Generally no federal court jurisdiction over AAO decisions (limited exceptions)
2File New Petition: Submit new petition addressing deficiencies identified in AAO decision
3Alternative Relief: Pursue other immigration options or petition categories if available
4Wait for Policy Changes: Monitor for favorable policy or regulatory changes

Best Practices for Strong Appeals

Keys to Successful AAO Appeals

Address each specific reason for denial with targeted evidence and argument
Cite relevant law, regulations, and AAO precedent decisions supporting your position
Provide new evidence that directly addresses deficiencies identified by USCIS
Present clear, well-organized legal arguments with logical structure
File well before deadline to avoid last-minute technical issues

Critical Requirements

Essential Filing Points

30-day deadline is jurisdictional and cannot be waived or extended
$675 filing fee required - limited fee waiver availability
Must file from proper party with standing (petitioner, beneficiary, or representative)
No oral hearings - decision based solely on written record and appeal brief

Official Resources

USCIS Administrative Appeals Office Form I-290B Notice of Appeal AAO Precedential Decisions AAO Contact Information