I-290B Instructions TOC

TABLE OF CHANGES – INSTRUCTIONS

Form I-290B, Notice of Appeal or Motion

OMB Number: 1615-0095

08/19/2020

Reason for Revision: Fee Rule

Project Phase: Post G-1056

• Please note – all instances of “if any” and “if applicable” have been removed from Instructions for Form I-290B.

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 08/31/2021

Edition Date 08/15/2020

Current Page Number and Section	Current Text	Proposed Text
Pages 1-3, General Instructions	[Page 3] … 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. …	[Page 3] … 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) 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. …
Pages 3-5, Specific Instructions	[Page 3] … Item Number 3. 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 4. Alien Registration Number (A-Number, if applicable). This is the USCIS (or former Immigration and Naturalization Service (INS)) file number. It begins with an “A” and can be found on a Permanent Resident Card (commonly called a Green Card) or on correspondence from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, leave this blank. [Page 5] Item Number 5. USCIS Online Account Number (if any). If the applicant or petitioner has previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form at a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number. If you do not have a USCIS Online Account Number, leave this blank. Item Numbers 6.a. - 6.i. Mailing Address. Provide the applicant’s or petitioner’s complete mailing address (including military APO/FPO address, if applicable). … [Page 5] … Item Number 3. Immigration Form 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). Only type or print one form number. You may only file an appeal or motion for one application or petition at a time. If you want to file appeals or motions on multiple applications or petitions, you must file a separate Form I-290B for each application or petition. Please also note, if you file an appeal on a dismissed motion and provided such an appeal is permitted under 8 CFR 103.5(a)(6), the AAO will limit its review to whether the motion was properly dismissed and will not review the merits of the underlying benefit request. … Item Number 5. 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). … You must provide a statement regarding the basis for your appeal or motion in the space provided in Part 3. If you need additional space to provide your statement, use Part 7. Additional Information or a separate sheet of paper. If you attach a separate sheet of paper, type or print the name and A-Number (if any) used in Part 1. 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. … [Page 6] Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this form, including the statement regarding the basis for the appeal or motion from Part 3., use the space provided in Part 7. Additional Information. If you need more space than what is provided in Part 7., you may make copies of Part 7. to complete and file with your form, or attach a separate sheet of paper. Type or print the name and A-Number (if any) used in Part 1. 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. …	[Page 3] … Item Number 3. Business or Organization Name. If a business or organization is filing this appeal or motion, provide its complete name, without abbreviations. Item Number 4. Alien Registration Number (A-Number). This is the USCIS (or former Immigration and Naturalization Service (INS)) file number. It begins with an “A” and can be found on a Permanent Resident Card (commonly called a Green Card) or on correspondence from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, leave this blank. [Page 5] Item Number 5. USCIS Online Account Number. If the applicant or petitioner has previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form at a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number. If you do not have a USCIS Online Account Number, leave this blank. Item Numbers 6.a. - 6.i. Mailing Address. Provide the applicant’s or petitioner’s complete mailing address (including military APO/FPO address). … [Page 5] … Item Number 3. Immigration Form 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-485, Form I-601). Only type or print one form number. You may only file an appeal or motion for one application or petition at a time. If you want to file appeals or motions on multiple applications or petitions, you must file a separate Form I-290B for each application or petition. Please also note, if you file an appeal on a dismissed motion and provided such an appeal is permitted under 8 CFR 103.5(a)(6), the AAO will limit its review to whether the motion was properly dismissed and will not review the merits of the underlying benefit request. … Item Number 5. Requested Nonimmigrant or Immigrant Classification. Provide the specific classification requested (for example, H-1B, R-1, O-1, EB-1, EB-2, EB-3). … You must provide a statement regarding the basis for your appeal or motion in the space provided in Part 3. If you need additional space to provide your statement, use Part 7. Additional Information or a separate sheet of paper. If you attach a separate sheet of paper, type or print the name and A-Number used in Part 1. 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. … [Page 6] Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this form, including the statement regarding the basis for the appeal or motion from Part 3., use the space provided in Part 7. Additional Information. If you need more space than what is provided in Part 7., you may make copies of Part 7. to complete and file with your form, or attach a separate sheet of paper. Type or print the name and A-Number used in Part 1. 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. …
Pages 7-8, What Is the Filing Fee?	[Page 7] … The filing fee for Form I-290B is $675. … You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your form and charge you a returned check fee. [New] [Page 7] How to Check If the Fees Are Correct … Fee Waiver USCIS may waive the fee for Form I-290B under 8 CFR 103.7(c) if you can show an inability to pay and: 1. The appeal or motion is from a denial of an immigration benefit request for which you were not required to pay a fee; or 2. The fee for the underlying application or petition could have been waived. If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request) and submit it and any required evidence of your inability to pay the filing fee with this form. You can review the fee waiver guidance at www.uscis.gov/feewaiver.	[Page 7] … The filing fee for Form I-290B is $700. … You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we may reject your form. When Filing at a Field Office Cash, a cashier’s check or money order cannot be used to pay for the filing fee at a field office. The only payment options accepted at a field office are payment through pay.gov via a credit card, debit card or with a personal check. How to Check If the Fees Are Correct … Fee Waiver Some forms may be eligible for fee waivers as provided in 8 CFR 106.3. For information on fee waivers, see Form I-912, Request for Fee Waivers at www.uscis.gov/i-912. [delete]
Page 10, DHS Privacy Notice	[Page 10] … 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. …	[Page 10] … 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 a rejection or dismissal of your appeal or denial of your motion. …

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