US citizenship and immigration services (USCIS) have immediately issued a new guidance effectively on June 12, 2025, clarifying that the agency should reveal ‘derogatory information’ to individuals before and how individuals may disclose ‘derogatory information’ before the Employment Authority Documents (EAD) can be diverse as the expansion of H -1B visa. This policy update, formalize the disclosure process for agency officials.The derogatory information refers to any details that can negatively affect an applicant’s eligibility for an immigration benefit. This may include anything from criminal records and evidence of fraud to other adverse conclusions.
Right to know your right: What changes for applicants
Under the updated policy, if the USCIS intends to use negative information, request more evidence to deny, or cancel a immigration profit, they will usually provide a detailed description of that information. It usually comes as A:
Notice of intention to deny (NOID): Reflects the inclination of USCIS to reject the application, but gives a chance to respond.request for evidence (RFE): Indication of more information requirement, related to potentially derogatory conclusions.Information of intention to cancel (Noir): For the first approved petitions, where new, information has been revealed.
These notices are important, as they give applicants a chance to present additional documents, clarify misconceptions or to present their side of the story before taking a final decision.
When the information remains under wrapping:
While the new policy promotes transparency, there are specific circumstances where the USCIS may prevent some details. This usually applies to information:
- Classified: Protected under national security laws.
- Ownership by other government agencies: until the USCIS is clearly allowed to share it or the applicant has originally provided it.
- Sensitive third-party records: such as confidential tax, health, or any other person related to any other person other than the applicant, unless agreed or disclosure is legally mandatory.
- Protected by special laws: Information related to applicants for VAWA (violence against the Women’s Act), T, or U visa, as well as preventing applications for refuge, refugee, or removal.
Even in these examples, USCIS can still seek similar information from the applicant through an RFE or interview, allowing them to address the underlying concerns without disclosing protected nuances.
