The Administrative Appeals Office (AAO) has jurisdiction over approximately 55 petitions and applications filed with USCIS. 8 CFR §103.1(f)(3)(iii). The authority to adjudicate appeals is delegated to the AAO by the Secretary of the Department of Homeland Security (DHS) pursuant to the Homeland Security Act of 2002, Pub. L. 107-296. See DHS Delegation Number 0150.1 (effective March 1, 2003); see also 8 C.F.R. § 2.1 (2003).

The AAO exercises appellate jurisdiction over the matters described in 8 C.F.R. § 103.1(f)(3)(iii) (as in effect on February 28, 2003), with two exceptions: (1) petitions for approval of schools and the appeals of denials of such petitions are the responsibility of Immigration and Customs Enforcement; and (2) applications for S nonimmigrant status are the responsibility of the Office of Fraud Detection and National Security of U.S. Citizenship and Immigration Services.

The AAO reviews the denial and adjudicates appeals related to the following petitions and applications:

• Immigrant Petition for Alien Worker (I-140);
• Application for Temporary Protected Status (I-821);
• Multinational executive, managerial or specialized knowledge intra-company transferees (L-1), H-1B, H-2 and H-3 temporary workers, trainees and O & P extraordinary ability non-immigrants, Petition for Non-Immigrant Worker (I-129);
• Application for Waiver of Ground of Inadmissibility (I-601);
• Adjustment of Status under the Cuban Adjustment Act – Application to Register Permanent Residence or Adjust Status (I-485);
• Petition for Amerasian, Widow(er) or Special Immigrant (I-360);
• Immigrant Petition by Alien Entrepreneur (I-526);
• Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212);
• Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) (Form I-612);
• Petition for Alien Fiance(e) (Form I-129F);
• Application for Travel Document (Form I-131);
• Application for Certificate of Citizenship (Form N-600);
• Application for Replacement Naturalization/Citizenship Document (Form N-565);
• Certificate of Citizenship in Behalf of an Adopted Child (Form N-643);
• Application to Preserve Residence for Naturalization Purposes (Form N-470);
• Petition to Classify Orphan as an Immediate Relative (Form I-600);
• Application for Advance Processing of Orphan Petition (Form I-600A);
• Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360);
• Application for T Nonimmigrant Status (Form I-914)

How to appeal denial of a petition or application?

To appeal the denial of an application or petition, you must file Form 290-B with appropriate fee ($585) with the office that made the unfavorable decision within 30 calendar days after service of the decision (33 days if the decision was mailed). If you are appealing the revocation of an immigrant petition approval, you must file the appeal within 15 days of the revocation decision (18 days if the decision was mailed.) The date of service is normally the date of decision. Always check the USCIS website for the updated information, including fees before filing an application.