What is the AAO?

The AAO (Administrative Appeals Office) is an internal unit of USCIS, the United States immigration service. It is responsible for reviewing certain administrative decisions issued by other parts of USCIS itself.

In practice, if an H-1B petition (or the employer sponsoring it) receives an unfavorable decision that allows for an appeal, the case may, in some situations, be forwarded to the AAO for a new review. That review typically focuses on:

• how the law was interpreted in the original decision;
• how the regulations were applied to the case.

In other words, the focus tends to be on the interpretation and application of the rules, not necessarily a full re-examination of all the facts. It is worth noting that not every decision is eligible for AAO review: specific eligibility requirements apply to this type of appeal.

Because each case is unique and procedures can change, it is advisable to confirm the current rules with USCIS or with a qualified immigration professional before deciding to appeal.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.