If your immigration petition or application has been denied or revoked by the USCIS or DOL, you may have a valid basis for an appeal. Appeals are generally allowed where the government agency made a mistake of law or fact or there is new evidence that would make your case approvable. There are generally three avenues of appeal: Motion to Reopen, Motion to Reconsider and an Appeal. When an application is denied, the USCIS or DOL will send a notice to the Petitioner and describe which types of appeals are allowed for the particular case.
Motion to Reopen
A Motion to Reopen is generally employed where there are new facts, changed conditions or exceptional circumstances.
Motion to Reconsider
A Motion to Reconsider is generally employed where the government agency made a legal error or there is a change in the law.