Administrative Appeals Office (AAO) Appeal
An administrative appeal requesting independent appellate review by the Administrative Appeals Office of adverse USCIS decisions on employment, investment, and waiver petitions.
1. Overview of the Process & Reasons to Pursue
The Administrative Appeals Office (AAO) is an appellate body within USCIS exercising independent appellate jurisdiction over adverse decisions issued by USCIS Service Centers and Field Offices. Filed on Form I-290B, an AAO appeal requests that the AAO conduct a comprehensive, de novo legal and factual review of an officer's denial. The AAO has jurisdiction over approximately 50 different immigration petition types, including employment-based immigrant petitions (Form I-140), investor petitions (Form I-526/I-829), temporary protected status (Form I-821), nonimmigrant worker petitions (Form I-129), and inadmissibility waivers (Form I-601/I-212).
Why Someone Pursues This Process / How One Enters It
Applicants pursue an AAO appeal to secure an objective review from senior appellate adjudicators when a USCIS field office or service center has erroneously applied the law, misunderstood complex technical evidence, or improperly elevated the legal burden of proof beyond the statutory 'preponderance of the evidence' standard. Overturning a denial at the AAO avoids the time and expense of federal court litigation.
2. How Long the Process Usually Takes
6 to 12 months total. Under 8 C.F.R. § 103.3, the local office that made the unfavorable decision conducts an initial review within 45 days. If they decline to reopen the case, the record is forwarded to the AAO in Camp Springs, MD, which typically adjudicates appeals within 180 days of receipt.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-290B
Notice of Appeal or Motion (filed checking the box for an appeal to the AAO)
Comprehensive Appellate Brief
Formal appellate legal brief submitted with the notice or within 30 days of filing
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Copy of the unfavorable USCIS decision being appealed
- Comprehensive appellate legal brief detailing specific errors of law, fact, or discretion committed by the director
- Exhibits and documentary evidence establishing that the petitioner satisfied the 'preponderance of the evidence' standard
- Citations to binding precedent decisions (e.g., *Matter of Chawathe*, *Matter of Dhanasar*), agency regulations, and statutory provisions
- Proof of timely filing within the mandatory 30-day window
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Untimely Filing: Filing after 30 calendar days (33 days if mailed); untimely appeals are summarily dismissed for lack of jurisdiction.
- Lack of AAO Jurisdiction: Matters outside AAO jurisdiction cannot be heard (e.g., family I-130 petitions go to the BIA; N-400 naturalization denials go to Form N-336 hearings; consular visa denials cannot be appealed to the AAO).
- Failure to Identify Specific Errors: An appeal will be summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v) if the appellant fails to submit a brief or identify specific errors of fact or law in the director's decision.
- Lack of Standing: Appeals must be filed by the affected party (e.g., the employer-petitioner, not the beneficiary employee).
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Appeal Sustained: The AAO overturns the adverse decision and orders the petition or application approved.
- Appeal Remanded: The AAO sends the case back to the field office or service center for further proceedings consistent with its legal findings.
- Appeal Dismissed: The AAO affirms the denial, concluding that the director's decision was correct.
- Summary Dismissal: The appeal is rejected without merits review due to procedural or jurisdictional defects.
8. What Can Be Done If Your Outcome Is Negative?
If the AAO dismisses the appeal, the petitioner has exhausted administrative remedies. Next steps include: (1) Filing a Motion to Reopen or Reconsider with the AAO within 30 days; (2) Filing a federal civil lawsuit in U.S. District Court under the Administrative Procedure Act (APA, 5 U.S.C. § 706) challenging the agency's action as arbitrary, capricious, or contrary to law; or (3) Refiling a strengthened petition with the service center.
9. Range of Legal Fees Charged by Lawyers
$4,500 to $8,500+ typical attorney legal fee due to the intensive legal research, appellate brief drafting, and rigorous evidentiary analysis required for administrative appeal.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.