Daijiworld Media Network - Washington

Washington, D.C., Jun 26: The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance effective June 12, 2025, detailing when and how it must notify applicants about derogatory information—that is, any adverse findings that could affect their eligibility for immigration benefits such as H-1B visa extensions or employment authorization documents (EADs).

This new policy formalizes procedures for disclosing such information, reinforcing applicants’ rights to be informed and respond before a final decision is made.

What Is Derogatory Information?

Derogatory information includes any data that could lead to a denial, delay, or revocation of an immigration benefit. This can range from criminal records and immigration fraud to other negative findings discovered during the adjudication process.

What’s Changing for Applicants?

Under the revised policy, USCIS officers are now generally required to disclose the negative information they plan to use in decision-making. This disclosure typically comes through the following types of notices:

• Notice of Intent to Deny (NOID): Indicates that USCIS is leaning toward denial but offers the applicant a chance to respond or provide clarification.
• Request for Evidence (RFE): Requests additional documentation, sometimes related to adverse findings, giving applicants a chance to resolve doubts.
• Notice of Intent to Revoke (NOIR): Used when USCIS is considering revoking a previously approved petition based on new, concerning information.

These notices allow applicants the opportunity to submit evidence, correct errors, or explain their situation—ensuring a fairer and more transparent process.

When Information Might Not Be Shared

Despite the policy’s emphasis on transparency, USCIS may withhold certain information in cases where disclosure could:

• Jeopardize national security (classified materials).
• Involve data owned by other government agencies, unless explicitly permitted to share.
• Include third-party confidential records such as financial or medical documents.
• Be protected by special legal provisions, particularly in cases involving VAWA, T and U visa applicants, or those seeking asylum, refugee status, or withholding of removal.

In such scenarios, USCIS may still prompt applicants to respond through RFEs or interviews—giving them a chance to address the issues without compromising legally protected data.

A Step Toward Transparency and Fairness

The update reinforces USCIS’s commitment to procedural fairness by ensuring applicants are not blindsided by hidden allegations or undisclosed evidence. It marks a significant shift in immigration policy, aligning with broader efforts to ensure accountability and protect due process in adjudicating benefits.