I-290B Administrative Appeal Brief Template

I-290B ADMINISTRATIVE APPEAL BRIEF TEMPLATE

PURPOSE

This template provides a comprehensive framework for preparing an administrative appeal brief to be filed with Form I-290B, Notice of Appeal or Motion, with the USCIS Administrative Appeals Office (AAO). This template is designed for appeals of adverse decisions on immigration petitions and applications within AAO jurisdiction.

CRITICAL DEADLINES AND REQUIREMENTS

Filing Deadlines

• Standard Appeals: 30 calendar days from date of service (33 days if mailed)
• Petition Revocations (8 CFR 205.2): 15 calendar days (18 days if mailed)
• Motions: 30 calendar days from date of decision

Brief Submission Options

On Form I-290B, you must select ONE option:
☐ Option 1.a: Brief/evidence submitted WITH the appeal
☐ Option 1.b: Brief/evidence to be submitted within 30 days after filing
☐ Option 1.c: No brief/evidence will be submitted

Extension of Brief Deadline

• Extensions beyond 30 days may be granted for good cause
• Request extension in writing to AAO within initial 30-day period
• Include reason for extension request

Where to File

• Form I-290B filed with USCIS (verify address at uscis.gov/i-290b)
• Supplemental briefs/evidence sent directly to AAO after filing

FORM I-290B COVER LETTER

[DATE]

U.S. Citizenship and Immigration Services
[Filing Address from I-290B Instructions]
[City, State ZIP]

Re: Form I-290B - Notice of Appeal

Dear USCIS Officer:

Please find enclosed Form I-290B, Notice of Appeal, along with the required filing fee, appealing the denial of [Form Number] dated [DATE].

[Select ONE:]

☐ A supporting brief and additional evidence are enclosed with this appeal (Option 1.a).

☐ A supporting brief and additional evidence will be submitted directly to the AAO within 30 calendar days of filing this appeal (Option 1.b).

☐ No supporting brief or additional evidence will be submitted (Option 1.c).

This appeal is timely filed within [XX] days of the [DATE] decision.

Respectfully submitted,

_________________________________
[ATTORNEY SIGNATURE]
[ATTORNEY NAME, BAR NUMBER]
[LAW FIRM]
[ADDRESS]
[PHONE / EMAIL]

ADMINISTRATIVE APPEAL BRIEF

BEFORE THE ADMINISTRATIVE APPEALS OFFICE

U.S. CITIZENSHIP AND IMMIGRATION SERVICES

In the Matter of:

[PETITIONER NAME],
Petitioner,

[BENEFICIARY NAME] (if applicable),
Beneficiary.

Receipt Number: [NUMBER]
Denied Form: [FORM NUMBER]
Decision Date: [DATE]
Field Office/Service Center: [LOCATION]

PETITIONER'S/APPLICANT'S APPEAL BRIEF

TABLE OF CONTENTS

I. Introduction
II. Statement of Facts
III. Procedural History
IV. Statement of Issues
V. Standard of Review
VI. Legal Argument
VII. Conclusion
VIII. Table of Exhibits

I. INTRODUCTION

This brief is submitted in support of the appeal of the denial of [Form Number], [Petition/Application Type], filed on behalf of [Petitioner/Beneficiary Name]. The decision dated [DATE] was issued by [Service Center/Field Office].

The [Service Center/Field Office] erred in denying this [petition/application] because:

1. [First main argument - one sentence summary]
2. [Second main argument - one sentence summary]
3. [Third main argument - one sentence summary]

For the reasons set forth below, the AAO should [reverse/remand] the decision and [approve the petition/remand for further proceedings].

II. STATEMENT OF FACTS

[Provide relevant factual background. Include only facts relevant to the appeal:]

A. Background of Petitioner
[Relevant information about the petitioner - company information for employment cases, personal information for family cases]

B. Background of Beneficiary (if applicable)
[Relevant information about the beneficiary - qualifications, relationship, etc.]

C. The Position/Relationship (as applicable)
[Description of job offered, family relationship, or other basis for petition]

D. Relevant Facts for Appeal
[Specific facts that support the appeal arguments]

III. PROCEDURAL HISTORY

• [DATE]: [Form Number] filed with USCIS
• [DATE]: Receipt Notice issued, Receipt Number [NUMBER]
• [DATE]: Request for Evidence issued (if applicable)
• [DATE]: Response to RFE submitted (if applicable)
• [DATE]: [Petition/Application] denied
• [DATE]: This appeal filed

IV. STATEMENT OF ISSUES

The following issues are presented for review:

1. Whether the [Service Center/Field Office] erred in finding that [state first legal issue]?

2. Whether the [Service Center/Field Office] misapplied the legal standard for [state second legal issue]?

3. Whether the [Service Center/Field Office] properly weighed the evidence regarding [state third legal issue]?

V. STANDARD OF REVIEW

The AAO conducts a de novo review of the evidence and issues in appeals. See Matter of Christo's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015). The AAO reviews the entire record, including evidence submitted on appeal, and makes its own independent determination of eligibility.

The petitioner bears the burden of establishing eligibility by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Under this standard, if the evidence leads to the conclusion that eligibility is more likely than not, the petitioner has satisfied the burden.

[Add any category-specific standards of review]

VI. LEGAL ARGUMENT

A. THE [SERVICE CENTER] ERRED IN [FIRST GROUND FOR REVERSAL]

1. Applicable Legal Standard

[State the correct legal standard with citations:]

Under [INA § XXX / 8 CFR § XXX], [state the requirement at issue]. The regulation provides:

[Quote relevant regulatory or statutory language]

The AAO has interpreted this requirement to mean [explanation with citations to AAO precedent decisions or adopted decisions].

See also [Additional relevant authorities]:

• Matter of [Case], [Citation]
• [USCIS Policy Manual citation]

2. The Decision Below Misapplied the Standard

[Explain how the decision incorrectly applied the law:]

The [Service Center] found that [state the finding]. This finding was erroneous because:

a) [First reason the finding was wrong]
b) [Second reason the finding was wrong]
c) [Third reason the finding was wrong]

3. The Evidence Establishes Eligibility

[Explain how the evidence satisfies the correct standard:]

The evidence in the record establishes that [Petitioner/Beneficiary] meets the requirement because:

a) [Evidence point 1 - cite to exhibit]
b) [Evidence point 2 - cite to exhibit]
c) [Evidence point 3 - cite to exhibit]

4. Conclusion on First Issue

For these reasons, the [Service Center's] finding that [state finding] was clearly erroneous, and the AAO should reverse this determination.

B. THE [SERVICE CENTER] ERRED IN [SECOND GROUND FOR REVERSAL]

1. Applicable Legal Standard

[Follow same structure as Section A]

2. The Decision Below Misapplied the Standard

[Explain the error]

3. The Evidence Establishes Eligibility

[Cite to evidence]

4. Conclusion on Second Issue

[State conclusion]

C. THE [SERVICE CENTER] ERRED IN [THIRD GROUND FOR REVERSAL]

[Follow same structure]

D. NEW EVIDENCE ON APPEAL (If Submitting)

The following new evidence is submitted with this appeal:

1. Exhibit [X]: [Description]
   - This evidence is relevant because [explanation]
   - This evidence establishes [what it proves]

2. Exhibit [Y]: [Description]
   - This evidence is relevant because [explanation]
   - This evidence establishes [what it proves]

[Note: The AAO will consider new evidence on appeal, but explain why evidence was not submitted previously if USCIS questioned this]

E. RESPONSE TO SPECIFIC FINDINGS IN DENIAL (If Applicable)

Finding 1: [Quote or summarize finding]

Response: [Direct rebuttal]

Finding 2: [Quote or summarize finding]

Response: [Direct rebuttal]

Finding 3: [Continue as needed]

Response: [Direct rebuttal]

VII. CONCLUSION

For the foregoing reasons, the [Petitioner/Applicant] respectfully requests that the Administrative Appeals Office:

☐ REVERSE the decision of the [Service Center/Field Office] and APPROVE the [Form Number]; or

☐ REMAND the matter for further proceedings consistent with this brief; or

☐ SUSTAIN the appeal on the grounds set forth herein.

The evidence in the record, including evidence submitted with this appeal, establishes by a preponderance of the evidence that [Petitioner/Beneficiary] meets all eligibility requirements for [benefit sought].

Respectfully submitted,

_________________________________
[ATTORNEY SIGNATURE]
[ATTORNEY NAME]
[BAR NUMBER(S)]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Date: _______________

VIII. TABLE OF EXHIBITS

APPEAL CHECKLIST

Form I-290B Preparation

☐ Complete all sections of Form I-290B accurately
☐ Select correct filing basis (Appeal, Motion to Reopen, Motion to Reconsider)
☐ Check box for brief submission option (1.a, 1.b, or 1.c)
☐ Identify all erroneous conclusions of law or fact (required if no brief)
☐ Sign and date the form
☐ Include proper filing fee (verify at uscis.gov/i-290b)

Brief Preparation

☐ Review denial decision thoroughly
☐ Identify all grounds for appeal
☐ Research applicable law and precedent
☐ Draft comprehensive brief addressing all issues
☐ Cite to specific evidence in the record
☐ Include table of contents (for lengthy briefs)
☐ Include table of exhibits
☐ Proofread for accuracy and professionalism

Evidence Compilation

☐ Copy of denial decision (REQUIRED)
☐ Copy of original petition/application
☐ All evidence previously submitted
☐ New evidence supporting appeal
☐ Expert opinions/declarations (if applicable)
☐ Legal authority copies (if helpful)
☐ Certified translations for foreign documents

Filing Package Organization

☐ Form I-290B on top
☐ Filing fee (Form G-1450 or G-1650)
☐ Form G-28 (if attorney representation)
☐ Cover letter
☐ Brief (if submitting with appeal)
☐ Exhibits organized and tabbed
☐ Table of exhibits

After Filing

☐ Retain complete copy of appeal package
☐ Note receipt number when received
☐ Calendar 30-day deadline for supplemental brief (if Option 1.b selected)
☐ Send supplemental brief/evidence directly to AAO (not filing address)
☐ Track appeal status at uscis.gov

COMMON GROUNDS FOR APPEAL BY PETITION TYPE

I-140 Employment-Based Petitions

• Specialty occupation requirements
• Beneficiary qualifications
• Ability to pay the proffered wage
• Labor certification validity
• Priority date issues
• Job offer requirements

I-130 Family-Based Petitions

• Bona fide marriage determination
• Evidence of relationship
• Prior marriage termination
• Legitimation issues
• Adoption requirements

I-129 Nonimmigrant Petitions

• Specialty occupation (H-1B)
• Employer-employee relationship
• Beneficiary qualifications
• Itinerary requirements (blanket L)
• Cap exemption issues

I-485 Adjustment of Status

• Inadmissibility grounds
• Discretionary factors
• Abandonment of application
• Interview issues

MOTIONS VS. APPEALS

When to File Motion to Reopen (8 CFR § 103.5(a)(2))

• New facts have arisen since the decision
• New evidence is available that was not previously available
• Must include new evidence with motion

When to File Motion to Reconsider (8 CFR § 103.5(a)(3))

• Decision was based on incorrect application of law or policy
• No new evidence - based on the existing record
• Must identify specific error

When to File Appeal

• Decision involves legal or factual errors
• Want de novo review of entire record
• New evidence may be submitted

AAO PRACTICE TIPS

1. Initial Field Review: The office that issued denial reviews the appeal first. It may treat the appeal as a motion and approve if warranted.

2. De Novo Review: AAO reviews the entire record independently - new evidence is considered.

3. Precedent Decisions: Cite AAO adopted and precedent decisions when available.

4. Brief Length: No page limit, but be concise and focused.

5. Processing Time: AAO processing times vary; check uscis.gov for current estimates.

6. Withdrawal: Appeals may be withdrawn in writing before decision.

7. Oral Argument: Not available for most AAO appeals.

LEGAL REFERENCES

• 8 CFR § 103.3 - Denials, Appeals, and Precedent Decisions
• 8 CFR § 103.3(a)(2) - AAO Jurisdiction
• 8 CFR § 103.5 - Reopening and Reconsideration
• 8 CFR § 103.5(a)(1)(iii) - Requirements for Motions
• USCIS Policy Manual, Volume 1, Part E, Chapter 10 - Post-Decision Actions
• AAO Practice Manual (available at uscis.gov/aao)
• Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)
• Matter of Christo's, Inc., 26 I&N Dec. 537 (AAO 2015)

AAO MAILING ADDRESS FOR BRIEFS/EVIDENCE AFTER FILING

U.S. Citizenship and Immigration Services
Administrative Appeals Office
P.O. Box 805887
Chicago, IL 60680-5887

[Verify current address at uscis.gov/aao]

This template is provided for informational purposes only and does not constitute legal advice. Immigration appeals are complex matters with strict deadlines. Consult with a qualified immigration attorney for specific legal guidance.