The Administrative Appeals Office (AAO) plays a critical role in the U.S. immigration system as the body that reviews certain adverse decisions made by U.S. Citizenship and Immigration Services (USCIS). For employers, sponsors, and individuals, the AAO represents a formal channel to challenge USCIS rulings that may affect immigration status, business operations, or compliance obligations. While part of USCIS, the AAO conducts an independent, de novo review to promote fairness and consistency. Its jurisdiction over appealable matters is defined by regulation, including 8 CFR § 103.3, and each USCIS denial notice sets out whether AAO appeal rights exist.
What this article is about
This article provides a comprehensive, practice-focused guide to the AAO. It explains what the AAO is and how it differs from the Board of Immigration Appeals (BIA); which cases are within AAO jurisdiction; how to file an appeal or motion using Form I-290B; the standard of review (covering both facts and law); and the forms of AAO decisions (non-precedent, adopted, and precedent). It also sets out realistic timelines, monthly processing-time references, compliance issues for employers (including that an AAO appeal does not extend employment authorisation), and options following an unfavourable outcome, noting the limits on judicial review.
By understanding the AAO’s structure, jurisdiction, and procedures, businesses and individuals can make informed decisions about whether to pursue an appeal and how to mitigate compliance risks while a case is pending.
Section A: Overview of the Administrative Appeals Office
The Administrative Appeals Office (AAO) is a specialised body within U.S. Citizenship and Immigration Services (USCIS). It was established to provide an independent review of certain immigration benefit requests when the initial decision is disputed. While the AAO is part of USCIS, it operates with a degree of autonomy to ensure fairness and consistency in applying U.S. immigration law.
1 What is the AAO?
The AAO adjudicates appeals of decisions made by USCIS officers on a defined range of petitions and applications. Its primary responsibility is to ensure immigration law is interpreted and applied consistently nationwide. This protects applicants, petitioners, and employers from inconsistent or erroneous rulings at the initial decision stage.
The AAO’s jurisdiction is established by regulation, including 8 CFR § 103.3, and is limited to specific case types. Each denial notice issued by USCIS will state whether the decision may be appealed to the AAO. Where no appeal right exists, alternative remedies such as motions may be available.
2 Relationship with USCIS and the Board of Immigration Appeals (BIA)
Although the AAO is part of USCIS, its rulings are binding on USCIS officers unless overturned by federal court. This ensures consistent decision-making across the agency.
The AAO differs from the Board of Immigration Appeals (BIA), which sits within the Department of Justice. The BIA has jurisdiction over removal and deportation proceedings and certain family-based matters, while the AAO focuses on petitions and applications decided by USCIS. Understanding this distinction is critical to identifying the correct appellate forum.
3 Why the AAO matters for employers, applicants, and attorneys
For employers, an adverse USCIS decision can disrupt business operations if the work authorisation of a key employee is denied. An AAO appeal provides an avenue to seek reversal. For applicants, the AAO serves as a safeguard ensuring USCIS decisions comply with law and precedent. Attorneys also rely on AAO rulings—particularly adopted and precedent decisions—as persuasive or binding authority to guide case strategies.
AAO decisions, especially those designated as precedent, shape immigration law and policy nationally, clarifying complex points of law and promoting consistency across cases.
Section A Summary
The AAO is a semi-independent review body within USCIS that adjudicates appeals in line with regulations such as 8 CFR § 103.3. It differs from the BIA in both jurisdiction and function, concentrating on petitions and applications rather than removal matters. For employers and applicants, the AAO offers a structured means to challenge unfavourable USCIS rulings while promoting uniform application of immigration law.
Section B: Types of Cases Handled by the AAO
The AAO’s jurisdiction is limited to those cases defined by regulation. Not every USCIS decision can be appealed, and denial notices specify when AAO review is permitted. Where no appeal right exists, applicants may still have recourse through a motion to reopen or reconsider, or, in limited cases, judicial review.
1 Employment-based visa petitions (H-1B, L-1, O-1, EB-1, EB-2, EB-3)
Employment-based petitions make up a significant share of the AAO’s caseload. Appeals commonly involve temporary worker categories such as H-1B (specialty occupations), L-1 (intracompany transferees), and O-1 (individuals with extraordinary ability). The AAO also reviews immigrant petitions including EB-1 (priority workers), EB-2 (advanced degree professionals), and EB-3 (skilled workers and professionals). For employers, appealing adverse USCIS decisions can be critical to retaining access to skilled foreign labour.
2 Humanitarian and family-based petitions
The AAO may review certain family-based petitions and humanitarian matters, such as denials of Temporary Protected Status (TPS) or special immigrant classifications. However, not all family- or humanitarian-based cases are appealable to the AAO. For example, deportation-related family matters fall under the jurisdiction of the Board of Immigration Appeals, not the AAO.
3 Administrative fines, penalties, and compliance rulings
The AAO also considers appeals of administrative fines and penalties imposed by USCIS. These may include sanctions against employers for compliance violations such as document fraud or unlawful employment practices. The AAO assesses whether penalties were lawfully imposed and whether the evidence supports the decision. For employers, this function provides a formal avenue to challenge penalties that could otherwise damage finances or compliance records.
4 Non-appealable cases and alternative remedies
Some USCIS decisions are non-appealable as a matter of law, including certain discretionary denials. In such cases, filing an AAO appeal is not an option, but applicants may still file a motion to reopen or reconsider using Form I-290B. Where no administrative remedy is available, judicial review may be the only path, although subject to statutory limitations.
Section B Summary
The AAO hears a wide range of appeals, primarily employment-based petitions, some family and humanitarian cases, and immigration-related penalties. However, many decisions remain outside its jurisdiction. Each denial notice indicates whether an appeal is permitted, and ineligible cases must be addressed through motions or, in limited circumstances, federal court. Early identification of the correct remedy is crucial for an effective strategy.
Section C: Appeal Process and Procedures
The appeal process before the AAO is tightly regulated. Employers, applicants, and attorneys must comply with strict filing rules and deadlines. The process is designed to ensure that appeals are considered fairly, but also efficiently, within the scope of immigration law.
1 Filing Form I-290B (Notice of Appeal or Motion)
AAO appeals begin with the submission of Form I-290B, Notice of Appeal or Motion. This form notifies USCIS of the appellant’s intent to challenge a decision or to file a motion to reopen or reconsider. It must be accurately completed, signed, and accompanied by the correct filing fee. Supporting evidence or a detailed legal brief should be included wherever possible.
2 Deadlines and filing locations
Strict deadlines apply. The general rule is 30 calendar days from the date of the decision, or 33 days if the decision was mailed (8 CFR § 103.3(a)(2)(i)). Late appeals are generally rejected. Form I-290B must be filed with the USCIS office that issued the original decision, which will review it for timeliness and jurisdiction before forwarding to the AAO.
3 Standard of review used by the AAO
The AAO applies a de novo standard of review. This means it reassesses the case in its entirety, including both the facts and the law, without deference to the original USCIS decision. This fresh evaluation allows the AAO to correct factual or legal errors and ensures consistency across adjudications.
4 Request for oral argument and decision formats
Most appeals are decided on the written record. Oral argument is rarely granted and only in cases of exceptional importance. The AAO issues decisions in three main formats:
- Non-precedent decisions: binding only on the parties involved.
- Adopted decisions: selected by USCIS as binding guidance for internal adjudicators, though not binding precedent for courts.
- Precedent decisions: published decisions that are binding nationwide on USCIS officers and carry significant weight in shaping immigration law.
5 Motion to Reconsider vs. Motion to Reopen
Instead of, or in addition to, an appeal, applicants may file a motion with USCIS:
- Motion to Reconsider: argues that the decision was legally or factually incorrect under the evidence and law existing at the time.
- Motion to Reopen: presents new facts or evidence not previously available at the time of the decision.
Both are filed using Form I-290B. These motions offer alternative remedies where no appeal right exists or where new evidence arises after the initial adjudication.
Section C Summary
The AAO process requires careful adherence to filing rules. Form I-290B must be submitted within strict deadlines and directed to the correct USCIS office. The AAO reviews cases de novo, considering both facts and law. Its decisions may be non-precedent, adopted, or precedent, with precedent rulings binding nationwide. Where appeals are unavailable, motions to reopen or reconsider provide critical alternative strategies.
Section D: Timelines, Outcomes, and Compliance Considerations
AAO appeals have practical implications for employers, applicants, and attorneys. While they offer a route to challenge adverse USCIS decisions, the timelines and compliance risks involved during the appeal process must be carefully managed.
1 How long the AAO takes to decide an appeal
Processing times vary by case type. Many appeals take several months, and complex matters can extend beyond a year. USCIS publishes monthly AAO processing times on its website, providing updated guidance for applicants and employers on expected wait periods. Employers should plan for operational impact where the appeal concerns key personnel.
2 Possible outcomes (dismissal, sustain, remand, rejection)
AAO decisions generally fall into one of four categories:
- Dismissal: the appeal is denied and the original decision stands.
- Sustain: the appeal is approved, overturning the original decision.
- Remand: the case is returned to USCIS for further review or action.
- Rejection: the appeal is not accepted due to filing errors or jurisdictional defects.
Each outcome carries distinct consequences, requiring employers and applicants to prepare for multiple scenarios.
3 Employer compliance risks during pending appeals
Employers face particular compliance risks while an appeal is pending. Importantly, filing an AAO appeal does not extend an employee’s work authorisation. Continuing employment without valid authorisation may expose the business to significant civil and criminal penalties. Employers should consult immigration counsel to ensure workforce planning and right-to-work compliance are maintained during the appeal period.
4 Judicial review options after AAO denial
If the AAO denies an appeal, judicial review in federal district court may be possible. However, judicial review is limited by jurisdictional restrictions, including statutory bars and the doctrine of consular non-reviewability. These constraints mean that not all AAO denials can be challenged in court. Pursuing federal litigation is often complex, costly, and time-intensive, requiring careful legal assessment before proceeding.
Section D Summary
AAO appeals frequently take months, creating uncertainty for both employers and applicants. Outcomes can include dismissal, sustain, remand, or rejection, each with distinct implications. Employers must not assume that an appeal preserves work authorisation, as compliance risks are high during the appeal process. When AAO review is unsuccessful, judicial review may be available, though subject to jurisdictional limits and legal complexity.
FAQs
What is the difference between the AAO and the BIA?
The Administrative Appeals Office (AAO) is part of USCIS and reviews appeals on petitions and applications, including employment-based petitions and certain humanitarian cases. The Board of Immigration Appeals (BIA), part of the Department of Justice, handles removal, deportation, and family-based appeals. Each has separate jurisdiction, and it is critical to file with the correct appellate body.
Can all USCIS denials be appealed to the AAO?
No. Only certain USCIS decisions can be appealed to the AAO, as defined in 8 CFR § 103.3. Each denial notice specifies whether an appeal is available. For non-appealable cases, applicants may instead file a motion to reopen or reconsider using Form I-290B, or in limited circumstances, seek judicial review in federal court.
How long does an AAO appeal usually take?
Processing times vary by case type. Most appeals take several months, and some may take a year or more. USCIS publishes monthly AAO processing times, which provide the most accurate estimates for applicants and employers.
Does filing an appeal stop removal proceedings?
No. Filing an AAO appeal does not halt removal proceedings. The AAO only reviews USCIS benefit decisions. Removal and deportation cases fall under the BIA’s jurisdiction.
What are the success rates of AAO appeals?
Success rates depend on the type of case and the quality of evidence and legal arguments submitted. Many appeals are dismissed, but others are sustained or remanded. Employers and applicants improve their prospects by providing thorough documentation and strong legal reasoning.
Conclusion
The Administrative Appeals Office offers a structured route to challenge unfavourable USCIS decisions. For employers, an effective AAO strategy can be decisive for retaining critical personnel and ensuring business continuity. For applicants, AAO review helps ensure that immigration law is applied consistently and fairly.
Success depends on understanding jurisdictional limits (including those in 8 CFR § 103.3), selecting the correct remedy (appeal versus motion), meeting strict filing deadlines, and presenting robust factual and legal arguments. During the pendency of an appeal, employers must not assume that filing preserves work authorisation; careful compliance planning is essential. If the AAO denies relief, judicial review may be available, but only within narrow statutory and doctrinal constraints and typically at greater cost and complexity.
A disciplined approach—accurate filings, strong evidence, and proactive compliance management—positions employers and applicants to navigate AAO review effectively and to protect their long-term immigration and operational objectives.
Glossary
| Term | Definition |
|---|---|
| AAO | Administrative Appeals Office, the USCIS body that reviews certain types of immigration appeals under 8 CFR § 103.3. |
| USCIS | U.S. Citizenship and Immigration Services, the federal agency that oversees lawful immigration processes in the United States. |
| I-290B | Form used to file an appeal, motion to reopen, or motion to reconsider with USCIS or the AAO. |
| BIA | Board of Immigration Appeals, part of the Department of Justice, with jurisdiction over removal and deportation cases. |
| De novo review | A standard of review in which the AAO re-examines both the facts and the law without deference to the original decision. |
| Precedent decision | A published AAO decision binding nationwide on all USCIS officers, shaping future immigration adjudications. |
| Adopted decision | A non-precedent decision selected by USCIS to provide binding guidance to adjudicators, but not binding on courts. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Administrative Appeals Office | Visit page |
| USCIS – Form I-290B (Notice of Appeal or Motion) | Visit page |
| USCIS – AAO Processing Times | Visit page |
| U.S. DOJ – Board of Immigration Appeals (BIA) | Visit page |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.