USCIS Introduces Clearer Rules on Derogatory Information Disclosure
Starting June 12, 2025, the U.S. Citizenship and Immigration Services (USCIS) unveiled new guidelines that outline when and how it must disclose so-called ‘derogatory information’ to immigration applicants prior to denying benefits. This policy clarifies procedures related to various immigration benefits, from H-1B visa extensions to employment authorization document (EAD) requests.
What Does ‘Derogatory Information’ Mean for Applicants?
Derogatory information refers to any details discovered by USCIS that might negatively affect a person’s eligibility for immigration benefits. Examples include criminal records, evidence of fraud, or other adverse findings uncovered during the review process.
Your Rights to Disclosure and Due Process
Under the updated guidance, if USCIS plans to use negative information in deciding to deny, request more evidence for, or revoke an immigration benefit, applicants will generally receive a detailed notification. These communications come in the form of:
- Notice of Intent to Deny (NOID): Signals USCIS’s intention to refuse the application but provides the applicant an opportunity to respond.
- Request for Evidence (RFE): Seeks additional documentation or clarifications, often related to the derogatory findings.
- Notice of Intent to Revoke (NOIR): Applies to previously approved petitions if new concerning information emerges.
Such notices empower applicants to submit further evidence, explain discrepancies, or address the concerns before a final decision is made.
When Does USCIS Keep Information Confidential?
Despite the emphasis on transparency, the agency recognizes certain sensitive information must remain undisclosed under specific conditions. These include cases where the data is:
- Classified: Protected by national security regulations.
- Owned by Other Government Agencies: Shared only if USCIS has explicit permission or the applicant originally provided it.
- Confidential Third-Party Records: Such as private tax, health, or financial details relating to others, unless legally required or consent is given.
- Protected by Special Laws: Information related to VAWA, T or U visas, asylum, refugee, or withholding of removal cases.
In these situations, USCIS may still ask applicants for similar information during requests for evidence or interviews without revealing protected specifics.
What This Means for Applicants
The new guidelines represent a step toward more transparent immigration adjudication by ensuring applicants are better informed when derogatory information influences their case. At the same time, they balance this openness with necessary safeguards for sensitive, classified, or legally protected data.
