Do I Need to File an Appeal, or File
a Motion to Reopen or Reconsider my I-140 Petition?

Dr. William:

Based on the certified Labor Certification, my employer filed I-140 petition for me. The employer had a fairly good financial record but the I-140 petition was denied on the financial ability to pay issue. Do I need to file an appeal? or file a motion to reopen or reconsider my I-140 petition?


A motion to reopen and reconsider an I-140 petition is a difficult option, since the same USCIS officer that denied the I-140 petition in the first place will adjudicate the motion. People face low success rates in these motions. The motion reviewing process is the reason why many immigration applicants are hesitant to file a motion to reopen, instead choosing to file an appeal or simply refile the I-140.

Filing an appeal usually means a long wait, typically between six months and a year. Trying to find another visa category under which you may be admitted is another available option.








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