Forms

Form I-290B

Also called I-290B, Notice of Appeal or Motion.

Form I-290B, Notice of Appeal or Motion, is the single form carrying three different requests: an appeal to the Administrative Appeals Office, a motion to reopen on new facts, and a motion to reconsider on legal error.

What it decides

8 CFR 103.3(a)(2)(i) gives 30 days after service of the decision to appeal and 8 CFR 103.5(a)(1)(i) gives 30 days for either motion, with only a late motion to reopen excusable, and then only where the delay was reasonable and beyond the filer's control. 8 CFR 103.8(b) adds three days when the notice went by mail, so USCIS counts 33, and service means the date USCIS mailed the decision, not the date it arrived. Revocation is far tighter: 8 CFR 205.2(d) allows 15 days, or 18 if mailed, to appeal the revocation of an already approved petition such as an I-526 or I-526E. USCIS accepts both an appeal and a motion from an I-526, I-526E, I-956 or I-956F denial. An I-829 denial is different: 8 CFR 216.6(d)(2) bars any appeal, a motion is the only route at USCIS, and the real review happens before an immigration judge in removal proceedings. The fee is $800, there is no online filing, and the form goes to a direct filing address rather than to the AAO itself.

Governed by 8 CFR 103.3(a)(2)(i), 8 CFR 103.5(a)(1)(i) and 8 CFR 103.8(b); 8 CFR 205.2(d) for the 15 day revocation appeal; 8 CFR 216.6(d)(2) for the bar on appealing an I-829 denial; USCIS Form I-290B page, edition 05/31/24, last reviewed 1 June 2026, for the 33 and 18 day counts, the direct filing address and the absence of online filing; USCIS, When to Use Form I-290B, last reviewed 3 April 2025, for the table of which EB-5 denials carry an appeal; Form G-1055, edition 05/29/26, for $800. Note that the regulation still names the body the Administrative Appeals Unit, while USCIS calls it the Administrative Appeals Office.

Where this is explained properly

Pages here that go into form i-290b rather than mentioning it.

Related terms

Administrative Appeals OfficeThe Administrative Appeals Office, or AAO, is the USCIS body that reviews denials of EB-5 investor petitions, regional center applications and project approvals, looking at the whole record afresh rather than deferring to the officer below, and no court may take up an EB-5 determination until its review has been exhausted.
Denial and revocationDenial and revocation are the two ways USCIS refuses an EB-5 petition: a denial rejects a petition that has not established eligibility, and a revocation withdraws an approval already granted, which is why an approved EB-5 petition is never finally settled.
Form I-829Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is the petition an EB-5 conditional permanent resident files in the 90 days before the second anniversary of that status, asking USCIS to confirm the capital was invested and the ten jobs created and to make the green card unconditional.
Form I-526EForm I-526E, Immigrant Petition by Regional Center Investor, is the petition an investor files with USCIS to claim EB-5 classification under INA 203(b)(5)(E) for capital pooled in an offering for which a designated regional center has already filed Form I-956F.
Notice of Intent to DenyA Notice of Intent to Deny, or NOID, is a written USCIS notice that the officer has reached a proposed refusal, setting out the grounds and allowing one answer within a period that can never exceed 30 days. On an EB-5 filing it is always discretionary, never something the petitioner can insist on, and USCIS may deny without issuing one.

Checked against primary sources on 10 August 2026. Back to the glossary