I-290B Instructions - Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form I-290B, Notice of Appeal or Motion

OMB Number: 1615-0095

07/07/2022

Reason for Revision: FeeRule NPRM

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 12/31/2023

Edition Date 12/02/2021

Current Page Number and Section	Current Text	Proposed Text
Pages 2-3, General Instructions	[Page 2] General Instructions … Filing Fee. Each form must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) …	[Page 2] General Instructions … Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form. …
Page 7, What Evidence Must You Submit?	[Page 7] What Evidence Must You Submit? … You may request an oral argument before the AAO in Washington, D.C., by submitting a letter attached to Form I-290B. The letter must explain specifically why an oral argument is necessary (for example, why you cannot properly address your argument in writing.) The AAO has sole discretion to grant or deny the request. If the AAO grants your request, it will inform you of the date, time, place, and conditions of the oral argument. The U.S. Government does not provide interpreters for oral arguments.	[Page 7] What Evidence Must You Submit? … You may request an oral argument before the AAO in Washington, D.C., by submitting a letter attached to Form I-290B. The letter must explain specifically why an oral argument is necessary (for example, why you cannot properly address your argument in writing.) The AAO has sole discretion to grant or deny the request. If the AAO grants your request, it will inform you of the date, time, place, and conditions of the oral argument. The U.S. Government does not provide interpreters for oral arguments.
Pages 7-8, What Is the Filing Fee?	[Page 7] What Is the Filing Fee? The filing fee for Form I-290B is $675. No fee is required if you are filing Form I-290B to appeal a denial of a petition for a special immigrant visa by an Iraqi or Afghan national who worked for or on behalf of the U.S. Government in Iraq or Afghanistan. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this form. DO NOT MAIL CASH. You must submit all fees in the exact amounts. Payments by Check or Money Order Use the following guidelines when you prepare your check or money order for the Form I-290B fee: [Page 8] 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security. NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.” 3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment. Notice to Those Making Payment by Check. If you send USCIS a check, we will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours, and your bank will show it on your regular account statement. 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. Payments by Credit Card If you are filing your Form I-290B at a USCIS Lockbox facility, you can pay your filing fee using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450 for more information. How to Check If the Fees Are Correct Form I-290B’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit the USCIS website at www.uscis.gov, select “FORMS” and check the appropriate fee; or 2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. NOTE: You only need to pay one filing fee if you are filing an appeal or motion relating to a single application or petition, even if the application or petition has multiple beneficiaries. 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 may be eligible for a fee waiver, please review the fee waiver guidance at www.uscis.gov/feewaiver.	[deleted]
Page 8, Where To File?	[Page 8] Where To File? Use the chart at www.uscis.gov/i-290b-addresses or visit the USCIS Contact Center at www.uscis.gov/contactcenter to connect with a USCIS representative for the most current information about where to file this form. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. We will not consider your Form I-290B as received unless you file it at the proper location. DO NOT FILE FORM I-290B DIRECTLY WITH THE AAO.	[Page 8] Where To File? Use the chart at www.uscis.gov/i-290b-addresses or visit the USCIS Contact Center at www.uscis.gov/contactcenter to connect with a USCIS representative for the most current information about where to file this form. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. We will not consider your Form I-290B as received unless you file it at the proper location. DO NOT FILE FORM I-290B DIRECTLY WITH THE AAO.
Page 10, Paperwork Reduction Act	[Page 10] Paperwork Reduction Act An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1 hour and 30 minutes per response including the time for reviewing, gathering the required documentation and information, completing the form, preparing statements, attaching necessary documentation, and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0095. Do not mail your completed Form I-290B to this address.	[Page 10] Paperwork Reduction Act An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1.317 hours per response including the time for reviewing, gathering the required documentation and information, completing the form, preparing statements, attaching necessary documentation, and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0095. Do not mail your completed Form I-290B to this address.

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