The United States has implemented a significant expansion of its immigration policy, initiating the screening and vetting of social media accounts for all H-1B visa applicants and their dependent H-4 visa applicants starting Monday, December 15. This measure, mandated by an earlier US State Department order, aims to identify applicants deemed “inadmissible” to the country, reinforcing the administration’s view that a US visa is a “privilege, not a right.”
Who Is Affected?
The new social media screening process applies broadly to several nonimmigrant visa categories:
- H-1B Visa Applicants: Foreign employees hired by American companies, typically in specialized fields like technology.
- H-4 Visa Applicants: Dependents (spouses and children) of the H-1B visa holders.
- F, M, and J Nonimmigrant Visa Applicants: This includes students (F, M) and exchange visitors (J), who were already partially subject to similar reviews.
To facilitate the vetting, the State Department has instructed all applicants and their dependents to change the privacy settings on all their social media accounts to “public.”
Rationale and Target of the Screening
The Trump administration justifies the policy by emphasizing national security:
- Identifying Threats: The primary goal is to identify applicants who “pose a threat to US national security or public safety.” The State Department considers every visa adjudication a “national security decision.”
- Specific Vetting Focus (Potential): While specifics are unclear, officials previously stated that similar screening for student visas was meant to identify individuals who “advocate for, aid, or support designated foreign terrorists and other threats to national security; or who perpetrate unlawful anti-Semitic harassment or violence.”
- Confirming Eligibility: Officials will also confirm that applicants “credibly establish their eligibility for the visa sought” and intend to engage in activities consistent with the terms of their admission.
Why Indians Will Be Worst-Hit
The new screening process disproportionately affects Indian nationals:
- Largest Proportion: Indians constitute the largest proportion of H-1B visa holders, accounting for more than 70 percent of all H-1B visas issued, followed by Chinese nationals (11-12%).
- Consequences of Delays: Immigration attorney Ellen Freeman noted that the rescheduling of H-1B visa appointments at US consulates in India due to these new procedures could lead to significant problems. H-1B workers stuck in India may lose their jobs as employers cannot afford a “prolonged leave of absence for as many as 5 months.”
Other Immediate Impacts
The rule change has already caused disruption:
- Interview Rescheduling: The US Embassy in India rescheduled many visa interviews, warning applicants that “Arriving on your previously scheduled appointment date will result in your being denied admittance.”
- Prudential Revocations: Some H-1B and H-4 holders have seen their visas “prudentially revoked”—a temporary, precautionary step—even for minor past interactions with law enforcement that did not result in a conviction.