USCIS Denials - Can you appeal or file a motion after USCIS denied your case?
Denice Flores • June 8, 2023
Did U.S. Citizenship and Immigration Services (USCIS) deny your application? You may still have the opportunity to appeal the decision or file a motion in your case.
Note, this information does not apply to cases denied by an Immigration Judge before the Immigration Court. This is only for cases filed with USCIS.
You may appeal USCIS’s decision or request USCIS to reconsider the denial by filing Form I-290B, Notice of Appeal or Motion. An appeal is filed with the Administrative Appeals Office (AAO). A Motion is filed with the USCIS office that issued the latest decision in your case, this may include a field office, service center, or the AAO.
Please be mindful that only the applicant or petitioner of the case may file Form I-290B. The beneficiary of the petition or any attorney of the beneficiary may not file an appeal or motion.
In most cases, pursuant to Title 8, C.F.R. §103.5(a)(1)(i), an appeal or motion must be filed within 30 calendar days of the date of the USCIS decision. However, if USCIS sent the decision by mail, the date the decision was mailed is the date to start counting the 30 days. USCIS may deny a late-filed appeal or motion. Please note, if filing a Motion to Reopen past the 30 days, USCIS may still accept the motion if it determines that the delay was reasonable and beyond your control.
When filing Form I-290B, you must include all evidence and supporting documents to support your appeal or motion. If filing a motion, this may include a legal brief and if filing a Motion to Reopen past the 30 days of decision, this may include evidence to show that the delay was reasonable and beyond your control.
Another critical point, do not forget to include the filing fee of $675 when submitting Form I-290B to USCIS. Failure to pay the correct amount will result in USCIS rejecting your appeal or motion.
Additionally, the address where you file Form I-290B, depends on the type of application that USCIS denied and that you are appealing or filing a motion for. You may reference the USCIS website (https://www.uscis.gov/i-290b-addresses) to determine which address is appropriate for your case.
If you have any questions about the type of evidence to include, where to file your appeal or motion, or if you are wondering if you may appeal or file a motion in your case, please schedule a consultation with one of our experienced attorneys right away and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
