I-290B Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form I-290B, Notice of Appeal or Motion

OMB Number: 1615-0095

06/15/2023

Reason for Revision: Limited REV

Project Phase: OMB Review

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
Page 1, Who May Not File Form I-290B?	[Page 1] Who May Not File Form I-290B? 1. If you are the beneficiary of an application or petition, you MAY NOT file an appeal or motion unless specifically permitted by law. Beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers and who have properly requested to do so under the Immigration and Nationality Act (INA) section 204(j), 8 U.S.C. 1154(j), are considered affected parties for revocation proceedings, including appeals and motions of revocations, relating to the immigrant visa petitions filed on their behalf.  USCIS must first make a favorable determination concerning the beneficiary’s porting eligibility in order for the beneficiary to be eligible to participate in the revocation proceeding as an affected party. …	[Page 1] Who May Not File Form I-290B? 1. If you are the beneficiary of an application or petition, you MAY NOT file an appeal or motion unless specifically permitted by law. Beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers and who have properly requested to do so under the Immigration and Nationality Act (INA) section 204(j), 8 U.S.C. 1154(j) (called “porting”), are considered affected parties for revocation proceedings, including appeals and motions of revocations, relating to the immigrant visa petitions filed on their behalf.  USCIS must first make a favorable determination concerning the beneficiary’s porting eligibility in order for the beneficiary to be eligible to participate in the revocation proceeding as an affected party. …
Pages 2-3, General Instructions	[Page 2] General Instructions USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS Contact Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833. If you are filing this form electronically, you must follow the instructions provided on the USCIS website at www.uscis.gov/file-online. Timeliness. If you are appealing a decision to revoke the approval of an immigrant petition under 8 CFR 205.2, you must file the appeal within 15 calendar days of the date of service of the unfavorable decision (or within 18 calendar days if we mailed the decision to you). For all other cases, you must file your appeal or motion within 30 calendar days (or within 33 calendar days if we mailed the decision to you). NOTE: If we sent you the decision by mail, the “date of service” is the date we mailed the decision, not the date you received it. See 8 CFR 103.8(b). Decisions are normally mailed the same day they are issued.   … Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics (fingerprints, a photograph, and/or a signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your appeal or motion. After USCIS receives your appeal or motion and ensures it is complete, we will inform you in writing or by email notice if you e-file your form, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment. … Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. [new] How to Fill Out Form I-290B …	[Page 2] General Instructions We provide free forms through the USCIS website. To view, print, or complete our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have internet access, you may call the USCIS Contact Center and ask that we mail a form to you. Timeliness. If you are appealing a decision to revoke the approval of an immigrant petition under 8 Code of Federal Regulations (CFR) 205.2, you must file the appeal within 15 calendar days of the date of service of the unfavorable decision (or within 18 calendar days if we mailed the decision to you). For all other cases, you must file your appeal or motion within 30 calendar days (or within 33 calendar days if we mailed the decision to you). NOTE: If we sent you the decision by mail, the “date of service” is the date we mailed the decision, not the date you received it. See 8 CFR 103.8(b). Decisions are normally mailed the same day they are issued.   … Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics (fingerprints, a photograph, and/or a signature) at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your appeal or motion. After USCIS receives your appeal or motion and ensures it is complete, we will inform you in writing or by email notice if you e-file your form, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. consulate, or USCIS office outside the United States to set up an appointment. … Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. USCIS Contact Center. For additional information on the form and instructions about where to file, change of address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call at 800-375-5283 (TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish. How to Fill Out Form I-290B …
Pages 3-7, Specific Instructions	[Page 3] Specific Instructions … 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 4] … 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). Item Numbers 7.a. - 7.i. Alternate or Safe Mailing Address. If you are filing an appeal or motion related to a decision on a Violence Against Women Act (VAWA) petition, T nonimmigrant application, or U nonimmigrant petition, and you do not feel safe receiving mail about the appeal or motion at your home address, provide a safe mailing address in Part 1., Item Numbers 7.a. - 7.i. If you are filing an appeal or motion related to a Special Immigrant Juvenile petition, you may use this space to designate an alternate address to receive mail regarding your Form I-290B. The safe or alternate address may be a post office box, the address of a friend, your attorney, a community-based organization that is helping you, or any other address where you can safely and timely receive mail. If you have an attorney or accredited representative, you may also direct USCIS to send your correspondence to his or her business address by selecting the applicable item(s) on Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Part 4. If you are filing an appeal or motion related to a VAWA petition, T nonimmigrant application, or U nonimmigrant petition, and you do not provide a safe address in Part 1., Item Numbers 7.a. - 7.i., we may use the address you provided in Part 1., Item Numbers 6.a. - 6.i. or the address of your preparer if you listed one on your Form I-290B. Part 2. Information About the Appeal or Motion … Item Number 4. Receipt Number for the Application, Petition, or Other Request. Provide the receipt number for the application or petition that is the subject of your appeal or motion. Only type or print one receipt number. A receipt number is an inventory control number USCIS assigned to a case. Receipt numbers generally start with three letters (EAC, LIN, MSC, NBC, SRC, WAC, or YSC) followed by a series of numbers (for example, SRC 12 345 67890). Receipt numbers are located on USCIS-issued notices. Part 4. Applicant’s or Petitioner’s Statement, Contact Information, Certification, and Signature Complete Section A, Item Numbers 1.a. - 8.b., if you are filing an appeal or motion based on an application or petition filed by an individual. Complete Section B, Item Numbers 1.a. - 8.b., if you are filing an appeal or motion based on a petition filed by a business or organization. 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. You must sign and date your form and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). If you are completing Section B as an authorized signatory of a business or organization, you must also provide your full legal name and title. Every form MUST contain the signature of the applicant or petitioner (or parent, legal guardian, or authorized signatory, if applicable). We will not accept a stamped or typewritten name in place of a signature. Part 5. Interpreter’s Contact Information, Certification, and Signature Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this form to you in a language in which you are fluent, the interpreter must fill out this section; provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the form. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Form, if Other Than the Applicant or Petitioner Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your form, if other than you, the applicant or petitioner. If the same individual acted as your interpreter and your preparer, that person should complete both Part 5. and Part 6. If the person who completed this form is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this form MUST sign and date the form. We will not accept a stamped or typewritten name in place of a signature. If the person who helped you prepare your form is an attorney or accredited representative, he or she may also need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your form. All appeals filed by an attorney or representative on behalf of an applicant or petitioner must contain a new, properly completed Form G-28, signed after the denial and listing the Form I-290B as the form covered by the Form G-28. Part 7. Additional Information …	[Page 3] Specific Instructions … Item Number 4. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or print “N/A.” … Item Numbers 6.a. - 6.i. Mailing Address (Safe or Alternate Address, if Applicable). Provide the applicant’s or petitioner’s complete mailing address (including military APO/FPO address, if applicable). NOTE: If you are filing an appeal or motion related to a decision on an application or petition for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status, or have a pending or approved petition or application for these benefits, and you do not feel safe receiving mail about the appeal or motion at your home or other physical address, provide a safe mailing address in Part 1., Item Numbers 6.a. - 6.i. If you are filing an appeal or motion related to a Special Immigrant Juvenile petition, you may use the space for mailing address to designate an alternate address to receive mail regarding your Form I-290B. The safe or alternate address you provide as a mailing address may be a post office box (P.O. Box), the address of a friend, your attorney, a community-based organization that is helping you, or any other address where you can safely and timely receive mail. [deleted] Part 2. Information About the Appeal or Motion … Item Number 4. Receipt Number for the Application, Petition, or Other Request. Provide the receipt number for the application or petition that is the subject of your appeal or motion. Only type or print one receipt number. A receipt number is an inventory control number USCIS assigned to a case. Receipt numbers generally start with three letters (EAC, LIN, MSC, NBC, SRC, WAC, YSC, or IOE) followed by a series of numbers (for example, SRC 12 345 67890). Receipt numbers are located on USCIS-issued notices. Part 4. Applicant’s or Petitioner’s Contact Information, Certification, and Signature Item Numbers 1. – 4., You must sign and date your appeal or motion and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable. Part 5. Interpreter’s Contact Information, Certification, and Signature Item Numbers 1. – 6., If you used anyone as an interpreter to read the Instructions and questions on this appeal or motion to you in a language in which you are fluent, the interpreter must fill out this section and sign and date the appeal or motion. Part 6. Contact Information, Declaration, and Signature of the Person Preparing this Appeal or Motion, if Other Than the Applicant or Petitioner Item Numbers 1. – 6., The person who completed your appeal or motion, if other than the applicant or petitioner, must sign this section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 5. and Part 6. A stamped or typewritten name in place of a signature is not acceptable. Part 7. Additional Information …
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 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? … 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. … 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.	[Page 7] What Is the Filing Fee? … 3. If you live outside the United States, contact the nearest U.S. Embassy or consulate for instructions on the method of payment. … 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 www.uscis.gov/contactcenter or call the USCIS Contact Center to get answers to your questions and connect with a live USCIS representative. 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.
	[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? Please see our website at www.uscis.gov/i-290b for the most current information about where to file this appeal or motion. DO NOT FILE FORM I-290B DIRECTLY WITH THE AAO.
Page 9, Address Change	[Page 9] Address Change An applicant or petitioner who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence. For information on filing a change of address, go to the USCIS website at www.uscis.gov/addresschange or reach out to the USCIS Contact Center at www.uscis.gov/contactcenter for help. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests. If you have an online account, you may also change your address in the USCIS online filing system by logging into your user account and updating your Account Profile. The AAO’s mailing address is available at www.uscis.gov/aao or by calling the USCIS Contact Center at 1-800-375-5283. To find out where your case is currently located, call the USCIS Contact Center, or visit the USCIS website at: https://egov.uscis.gov/casestatus/landing.do.	[Page 9] Address Change If you are not a U.S. citizen, you must notify USCIS of your new address within 10 days of moving from your previous residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or call the USCIS Contact Center. NOTE: Do not submit a change of address request to the USCIS Lockbox. [deleted] [deleted]
Page 9, Processing Information	[Page 9] Processing Information Initial Processing. Once USCIS accepts your form we will check it for completeness. If you do not completely fill out this form, you will not establish a basis for your eligibility and USCIS may reject or dismiss your appeal or motion. Requests for More Information. We may request that you provide more information or evidence to support your appeal or motion. We may also request that you provide the originals of any copies you submit. If we request an original document from you, it will be returned to you after USCIS determines it no longer needs your original. Decision. The decision on Form I-290B involves determining whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing or, for forms filed electronically, through an electronic notice. [new]	[Page 9] Processing Information Initial Processing. Once USCIS accepts your form we will check it for completeness. If you do not completely fill out this form, you will not establish a basis for your eligibility and USCIS may reject or dismiss your appeal or motion. Requests for More Information. We may request that you provide more information or evidence to support your appeal or motion. We may also request that you provide the originals of any copies you submit. If we request an original document from you, it will be returned to you after USCIS determines it no longer needs your original. Decision. The decision on Form I-290B involves determining whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing or, for forms filed electronically, through an electronic notice. PROHIBITION ON DISCLOSURE OF INFORMATION.  Information concerning VAWA self-petitioners, petitioners for U nonimmigrant status, applicants for T nonimmigrant status, and their derivatives, is protected under 8 U.S.C. 1367 from unauthorized disclosure to anyone other than an officer or employee of the Department of Homeland Security (DHS), the Department of Justice (DOJ), or the Department of State (DOS) who has a need to know.  The disclosure of any information relating to a protected individual beyond DHS, DOJ, or DOS to anyone other than that individual or their authorized representative is prohibited except in certain limited circumstances as provided by law.
Page 9, USCIS Forms and Information	[Page 9] USCIS Forms and Information To ensure you are using the latest version of this form, visit the USCIS website at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at www.uscis.gov. Select “Tools,” then under “Self Service Tools,” select “Make an Appointment” and follow the screen prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you.	[Page 9] USCIS Forms and Information To ensure you are using the latest version of this appeal or motion, visit www.uscis.gov. [deleted]
Page 10, DHS Privacy Notice	[Page 10] DHS Privacy Notice AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act section 103 and 8 CFR Sections 103.3 and 103.5. PURPOSE: The primary purpose for providing the requested information on this form is to enable you to file an appeal or motion to reopen or motion to reconsider certain decisions by USCIS or a bond breach determination issued by U.S. Immigration and Customs Enforcement. DHS will use the information you provide on this form to adjudicate your appeal or motion. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in dismissal of your appeal or motion. ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records forms [DHS/USCIS/ICE/CBP-001-Alien File, Index, and National File Tracking System, DHS/USCIS-007 - Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems and DHS/USCIS/PIA-062 Administrative Appeals Office Case Management System], which can be found at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.	[Page 10] DHS Privacy Notice AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act section 103 and 8 CFR Sections 103.3 and 103.5. PURPOSE: The primary purpose for providing the requested information on this form is to enable you to file an appeal or motion to reopen or motion to reconsider certain decisions by USCIS or a bond breach determination issued by U.S. Immigration and Customs Enforcement. DHS will use the information you provide on this form to adjudicate your appeal or motion. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in dismissal of your appeal or motion. ROUTINE USES: DHS may share the information you provide on this form with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records forms [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems, DHS/USCIS/PIA-061 Benefit Request Intake Process, and DHS/USCIS/PIA-062 Administrative Appeals Office Case Management System], which can be found at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
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 hour and 22 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.

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