Is it possible to request confidentiality for some evidence?

In certain situations, yes. In EB-2 NIW petitions, it may be possible to request confidential treatment for some documents or portions of them, but this depends on specific circumstances and a consistent justification.

This type of request tends to make sense when the material involves genuinely sensitive information, such as trade secrets, proprietary data, or content that cannot be disclosed publicly. The goal is to protect what is confidential without undermining the analysis of your case.

The balance is the tricky part: immigration officers need sufficient access to evaluate the merits of your petition. For this reason, a confidentiality request tends to work better when:

• It is accompanied by a clear and well-founded justification.
• It precisely delimits what needs protection, without overgeneralizing.
• It demonstrates that confidentiality does not prevent a full evaluation.

Since the rules and guidelines for this are set by the authorities and assessed on a case-by-case basis, it is worth checking the official guidance from USCIS or consulting a specialist before formalizing the request.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.