Form I-290B Appeals in 2025: Updated Fees and Procedural Insights

Key Takeaways

• Form I-290B must be filed within 30 days of USCIS denial to appeal or request reconsideration.
• The filing fee for Form I-290B increased to $800 as of April 1, 2024.
• Re-filing allows submission of new evidence but usually results in a new priority date.

When a person receives an unfavorable decision from USCIS, the next steps can feel overwhelming. Two main options are available for challenging or seeking review of that decision: filing Form I-290B (Notice of Appeal or Motion) or starting a new application altogether. Each path has its own rules, costs, timelines, and possible outcomes. Understanding these options is important for anyone facing a denial or negative decision from USCIS.

This comparison will break down the requirements, timelines, filing fees, pros and cons, and best-use scenarios for Form I-290B versus refiling. The goal is to help applicants, families, and employers make informed choices about how to proceed after a setback in the immigration process.

Overview of the Options

Form I-290B is the official form used to appeal or request reconsideration of certain USCIS decisions. It allows the applicant or petitioner to ask the Administrative Appeals Office (AAO) to review the original decision or to request that USCIS itself reconsider or reopen the case. This form is commonly used for employment-based petitions, waivers, and some other applications.

Re-filing means submitting a brand new application or petition after a denial. This approach is often used when the original denial was due to missing documents, errors, or when the applicant’s situation has changed since the first filing.

Let’s look at both options side by side to see how they compare.

Side-by-Side Analysis: Requirements, Timelines, and Costs

Detailed Comparison

1. Requirements and Eligibility

• Form I-290B:
  • Only the applicant or petitioner (the person or company who filed the original application) can file.
  • In some cases, the beneficiary (the person benefiting from the petition) can file, but this is rare.
  • The form must be filed within 30 days of the date on the denial notice, or 33 days if the notice was mailed.
  • The form is used for appeals to the AAO or for motions to reopen or reconsider with USCIS.
• Re-filing:
  • Anyone eligible for the original benefit can refile, as long as they still meet the requirements.
  • There is no strict deadline, but waiting too long can affect eligibility or priority dates.
  • A new application means starting over, so all supporting documents and fees must be submitted again.

2. Filing Fee

• Form I-290B:
  • The filing fee is $800 as of April 1, 2024. This is an increase from the previous fee of $675.
  • Fee waivers are rarely available for this form.
  • The fee covers the cost of the appeal or motion review process.
• Re-filing:
  • The fee depends on the type of application or petition. For example, an I-140 immigrant petition has its own fee, as does an I-485 adjustment of status application.
  • Applicants must pay the full fee for the new application, even if they paid for the original one.

3. Timelines

• Form I-290B:
  • The appeal or motion must be filed quickly—within 30 or 33 days.
  • Processing times vary, but it often takes several months for the AAO or USCIS to review and decide the case.
  • Some cases may take longer if more evidence is needed or if the case is complex.
• Re-filing:
  • There is no set deadline, but acting quickly is usually best to avoid gaps in status or eligibility.
  • Processing times for new applications are similar to the original process, but can be faster or slower depending on USCIS workload.

4. Outcome Possibilities

• Form I-290B:
  • The AAO or USCIS may:
  • Sustain the appeal or motion (overturn the denial and approve the case)
  • Dismiss the appeal or motion (uphold the denial)
  • Remand the case (send it back for further review)
  • The process is based mostly on the original record, but new evidence can be submitted in a motion to reopen.
• Re-filing:
  • The new application is reviewed as a fresh case.
  • Applicants can submit new evidence, correct mistakes, or update information.
  • The outcome is independent of the previous denial.

5. Preserving Priority Dates

• Form I-290B:
  • In many cases, filing an appeal or motion preserves the original priority date. This is especially important for immigrant petitions where waiting times are long.
  • Losing the priority date can mean waiting much longer for a green card or other benefit.
• Re-filing:
  • A new application usually gets a new priority date. This can be a disadvantage if the original date was important for eligibility or waiting time.

6. Opportunity to Submit New Evidence

• Form I-290B:
  • Appeals to the AAO are generally limited to the evidence already in the record.
  • Motions to reopen allow new evidence to be submitted if there are new facts or changed circumstances.
  • Motions to reconsider focus on legal arguments, not new evidence.
• Re-filing:
  • Applicants can submit any new or missing evidence with the new application.
  • This is helpful if the original denial was due to missing documents or new developments.

Pros and Cons for Different Situations

Form I-290B (Appeal or Motion)

Pros:
– Preserves priority date in most cases, which is critical for some green card categories.
– No need to pay the original application fee again—only the I-290B filing fee.
– Shows USCIS or AAO that you disagree with the decision and want a higher authority to review it.
– May be faster than re-filing in some cases, especially if the denial was due to a clear error.

Cons:
– Limited ability to submit new evidence (except in motions to reopen).
– Success rates are not published, and many appeals are denied unless there was a clear mistake.
– Processing times can be long and unpredictable.
– Filing fee is non-refundable, even if the appeal is denied.

Re-filing a New Application

Pros:
– Opportunity to correct mistakes or submit missing evidence.
– Fresh review by a new officer, not influenced by the previous denial.
– Can update information if circumstances have changed.
– May be the only option if the deadline for appeal has passed.

Cons:
– Must pay the full application fee again.
– New priority date may mean a longer wait for some benefits.
– Does not challenge the original decision, so no chance to overturn it.
– May not be possible if eligibility has changed or if the law has changed since the original filing.

Recommendations for Specific Circumstances

• If the denial was due to a clear error by USCIS (such as misreading evidence or applying the wrong law), filing Form I-290B is usually the best choice. This allows the applicant to ask for a review without losing the original priority date.
• If the denial was due to missing documents, new evidence, or changed circumstances, re-filing may be better. This gives the applicant a chance to fix the problem and submit a stronger case.
• If time is critical (for example, if a visa number is about to become available), preserving the priority date through an appeal or motion is very important.
• If the deadline for appeal has passed, re-filing is the only option.
• If the applicant can afford both, some attorneys recommend filing both an appeal/motion and a new application. This dual approach can help preserve the priority date while also giving a fresh chance for approval.

As reported by VisaVerge.com, many immigration attorneys suggest this dual strategy, especially in complex or high-stakes cases. This way, if the appeal is denied, the new application is already in process, saving valuable time.

Decision-Making Framework

When deciding between Form I-290B and re-filing, consider the following questions:

1. What was the reason for the denial?
   • If it was a clear error, appeal or motion may be best.
   • If it was missing evidence or changed facts, re-filing may be better.
2. Is the original priority date important?
   • If yes, appeal or motion is usually preferred.
3. Is there new evidence or a change in circumstances?
   • If yes, re-filing allows you to submit new information.
4. Can you afford the fees for both options?
   • If yes, consider doing both to maximize your chances.
5. How much time do you have?
   • If time is short, appeal or motion may be faster for preserving rights.
6. Have you missed the appeal deadline?
   • If yes, re-filing is the only option.

Practical Guidance and Next Steps

• Act quickly. The window for filing Form I-290B is short—30 days from the date of the decision, or 33 days if the decision was mailed.
• Review the denial notice carefully. It will state whether you can appeal, file a motion, or both.
• Consult an immigration attorney. Appeals and motions are complex, and a lawyer can help you decide the best path and prepare a strong case.
• Gather all supporting documents. Whether appealing or re-filing, strong evidence is key.
• Check the latest fees and forms. Visit the official USCIS website for up-to-date information and to download Form I-290B.
• Keep copies of everything you submit. This helps if you need to reference your case later.

Conclusion

Both Form I-290B and re-filing a new application are important tools for people facing a denial from USCIS. Each has its own strengths and weaknesses, and the right choice depends on the details of your case, your priorities, and your resources. The recent increase in the filing fee for Form I-290B to $800 is an important factor to consider, as is the need to act quickly to meet deadlines.

While specific success rate data for Form I-290B is not published, recent examples show that well-prepared appeals can succeed, especially with strong legal support. According to analysis by VisaVerge.com, combining an appeal with a new application is often the safest approach for those who can afford it.

For the most accurate and current information, always refer to the USCIS official website. Taking the time to understand your options and acting quickly can make a big difference in your immigration journey.

Learn Today

Form I-290B → USCIS form used to appeal or motion to reopen or reconsider a denied application or petition.
Priority Date → The date USCIS receives the initial petition used to establish an applicant’s place in line.
Appeal → A formal request to a higher USCIS authority to review and change a previous decision.
Motion to Reopen → A request to reconsider a case based on new facts or evidence not previously available.
Re-filing → Submitting a completely new application or petition after denial, starting the process over.

This Article in a Nutshell

Facing a USCIS denial? Choose between filing Form I-290B to appeal or re-filing a new application. Appeals preserve priority dates but have tight deadlines and limited evidence rules. Re-filing offers fresh review and new evidence submission but may reset your priority date and cost more in fees.
— By VisaVerge.com