USCIS issues new guidelines on disclosure of 'derogatory information'

The US Citizenship and Immigration Services (USCIS) has issued new guidance, effective immediately as of June 12, 2025, clarifying when and how the agency must disclose ‘derogatory information’ to individuals before denying an immigration benefit – which could be as varied as extension of an H-1B visa to that relating to employment authorisation document (EAD). This policy update,formalizes the disclosure process for agency officers.

Derogatory information refers to any details that could negatively impact an applicant's eligibility for an immigration benefit. This can include anything from criminal records and evidence of fraud to other adverse findings.

Your right to know: What changes for applicants

Under the updated policy, if USCIS intends to use negative information to deny, request more evidence for, or revoke an immigration benefit, they will generally provide a detailed description of that information. This typically comes in the form of a:

• Notice of Intent to Deny (NOID): Signifying USCIS's inclination to deny the application, but offering a chance to respond.
• Request for Evidence (RFE): Indicating a need for more information, potentially related to the derogatory findings.
• Notice of Intent to Revoke (NOIR): For previously approved petitions where new, concerning information has surfaced.

These notices are crucial, as they grant applicants the chance to submit additional documents, clarify misunderstandings, or present their side of the story before a final decision is made.

When information stays under wraps:

While the new policy fosters transparency, there are specific circumstances where USCIS may withhold certain details. This usually applies to information that is:

• Classified: Protected under national security laws.
• Owned by Other Government Agencies: Unless USCIS has explicit permission to share it or the applicant originally provided it.
• Sensitive Third-Party Records: Such as confidential tax, health, or financial data belonging to someone other than the applicant, unless consent is given or disclosure is legally mandated.
• Protected by Special Laws: Information concerning applicants for VAWA (Violence against Women Act), T, or U visas, as well as asylum, refugee, or withholding of removal applications.

Even in these instances, USCIS may still seek similar information from the applicant through an RFE or interview, allowing them to address the underlying concerns without revealing protected specifics.