The rule of 3 and reading rooms

Federal law requires agencies to make some records available online for anyone to read, without a request. One category covers records the agency has already released to a requester.

What the law says

Agencies must make available, in electronic format, copies of records "that have been released to any person" under the request process, and that either the agency expects to be requested again or "that have been requested 3 or more times" (5 U.S.C. 552(a)(2)(D)). The Department of Justice calls this the "rule of 3."

What that means in practice

• Release comes first. The rule applies only to records the agency has already released to someone.
• Then repeat demand. Three or more requests for those records, or the agency's own judgment that more requests are likely, triggers posting.
• It does not remove exemptions. Material withheld from one requester can be withheld again.
• It sets no date. The statute does not say how quickly records must be posted.
• Posting location can vary. Agencies post in FOIA reading rooms or elsewhere on their websites.

Check before you file

The USCIS Electronic Reading Room "provides access to information identified under the Freedom of Information Act." If the records you want are already there, share the link instead of filing.