AAO EB-1A appeal procedure

The Administrative Appeals Office (AAO) handles appeals from negative decisions by USCIS regarding EB-1A petitions. Understanding the procedural framework is essential for navigating this process effectively.

Filing Requirements

An appeal must be filed within 30 days of receiving a denial notice. The filing fee is currently $645, paid directly to the AAO upon submission.

The appeal package requires:

• Completed Form EOIR-18 (Appeal Request)

• Copy of original I‑140 petition and supporting evidence

• Any correspondence between USCIS and petitioner regarding the original application

Failure to file within this timeframe results in dismissal without review. The 30-day period begins on the date the denial notice is postmarked.

Appeal Review Process

The AAO typically reviews appeals within six months from receipt of a complete filing. During this time, they may:

• Issue requests for additional evidence

• Conduct interviews with petitioners or witnesses

• Request written explanations regarding submissions

Petitioners receive written notification if their case is granted, denied, or remanded to USCIS.

Motions Allowed in Appeals

The AAO permits limited motions during the appeal process:

Permitted:

• Motion for extension of time (rarely granted)

• Motion to correct clerical errors

• Motion for reconsideration based on new evidence not previously submitted

Not permitted:

• Motions challenging substantive merits decisions

• Motions requesting expedited review unless extraordinary circumstances exist and are documented

Source Note

Non-precedent AAO decisions are used as evidence examples. They are not binding authority and do not predict any individual case.