What is the process for appealing a denial of an employment-based green card petition?

The process for appealing a denial of an employment-based green card petition in Washington is outlined in the Administrative Appeals Office (AAO) process. There are two steps in the appeals process. First, if a petition is denied, the petitioner must file a motion to reconsider or reopen the decision with the office that issued the decision. The motion must include new or additional evidence that was not included in the original petition, or address any errors or changes in law or policy. If the motion is approved, the petition will be reopened and the petitioner will have another opportunity to present their case. Second, if the motion is denied, the petitioner may then file an appeal with the AAO. The appeal must include all evidence presented in the original petition, as well as any evidence submitted in the motion to reconsider and/or reopen. The AAO will review the evidence, issue a decision, and provide the petitioner with an explanation of their decision. If a petitioner disagrees with the AAO’s decision, they may file a petition for judicial review with the appropriate court within 30 days of the decision. A court can then review the AAO’s decision, as well as new evidence presented in the appeal. If the court decides to reverse the decision, it can also issue an order requiring the U.S. government to issue the green card. Overall, the process for appealing a denial of an employment-based green card petition requires filing a motion to reconsider and/or reopen, an appeal with the AAO, and potentially a petition for judicial review. To ensure the best chance of success, the petitioner should provide all relevant information and evidence at each stage of the appeals process.

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What is the process for appealing a denial of an employment-based green card petition?

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