Appealing a USCIS Denial to the AAO: What Applicants and Employers Need to Know
When U.S. Citizenship and Immigration Services (USCIS) issues a denial, the next steps require careful strategic evaluation. One option available in certain cases is to file an appeal with the Administrative Appeals Office (AAO). However, before committing time, resources, and expectations to this path, it is essential to understand the practical likelihood of success.
Understanding the AAO’s Role
The AAO is responsible for reviewing a wide range of USCIS decisions, including those involving employment‑based immigrant and non‑immigrant petitions. Its function is to determine whether the original adjudication was correct under immigration law and policy. While the AAO offers a formal mechanism for review, its decisions consistently show that reversals are uncommon.
2025 AAO Data: A Low Reversal Rate
Recent USCIS data for the year 2025 reveals a significant insight:
- 656 appeals were adjudicated by the AAO, and
- Only 19 resulted in a reversal of the original USCIS decision.
This represents a reversal rate of just 2.8%.
Such a low percentage underscores the reality that appealing a denial rarely changes the outcome. Applicants expecting a fresh review or a second chance at approval may instead experience a protracted process with limited likelihood of success.
Practical Considerations Before Appealing
Although every immigration case is unique, several practical factors tend to influence whether an appeal is a viable strategy:
1. Processing Time
AAO appeals can take many months—and in some categories, more than a year. During this period, applicants often face uncertainty regarding their status, plans, or ability to continue professional activities in the United States.
2. Cost vs. Benefit
From a financial standpoint, the cost of filing an AAO appeal is typically comparable to the cost of preparing a new petition. Because an appeal does not allow applicants to add new evidence (except in narrow circumstances), the ability to strengthen the case may be limited.
3. Opportunity to Rebuild the Case
In contrast, a refile allows for:
- Submitting new evidence,
- Addressing weaknesses identified in the denial decision, and
- Reframing or restructuring the legal argument altogether.
This flexibility often makes a refile more advantageous—particularly when the original petition can be materially improved.
When an Appeal May Still Be Appropriate
Despite the low success rate, appealing can be the right choice in limited scenarios, such as:
- Clear factual or legal errors in the denial,
- Cases where the record was complete and strong,
- Situations involving misapplication of law or policy, or
- When precedent or non‑precedent AAO decisions favor similar fact patterns.
However, these situations are the exception rather than the rule.
A Strategic, Data‑Driven Approach
The decision to appeal should not be made reflexively. Instead, applicants and employers should rely on a structured analysis of:
- The strength of the existing evidentiary record,
- The reasoning used in the denial,
- The feasibility of remedying deficiencies through a refile, and
- The practical implications of time, cost, and overall case objectives.
Given the 2.8% reversal rate, a refile often presents a stronger strategic path—with more control, more flexibility, and usually a higher probability of success.
Conclusion
AAO appeals remain a tool available to those seeking reconsideration of USCIS decisions, but the data shows they yield favorable outcomes in only a small percentage of cases. For many applicants, particularly those in employment-based immigration categories, refiling the petition—with strengthened evidence and refined arguments—may offer a more effective path forward.
Professionals and employers navigating these decisions benefit from a careful, individualized assessment grounded in both experience and current USCIS trends.
If you need guidance evaluating whether an appeal or a refile is the best strategy for your case, our team is available to assist.