U.S. Expands Social Media Screening: H-1B and H-4 Applicants Must Make Accounts Public

The U.S. Department of State has announced a significant tightening of its visa procedures by expanding the scope of online presence reviews for applicants of the H-1B temporary worker visa and their dependents applying for the H-4 visa. This expanded requirement will take effect starting December 15.

Previously, such detailed social media scrutiny was limited to applicants in the student (F and M) and exchange visitor (J) nonimmigrant categories. The enhanced review will now extend to highly skilled workers and their families.

To facilitate this expanded vetting process, the Department has explicitly instructed all applicants for H-1B, H-4, F, M, and J nonimmigrant visas to adjust the privacy settings on all of their social media profiles to “public.” If an applicant has locked their Facebook profile or restricted other social media accounts to be viewable only by followers, they risk having their visa application denied.

The Department of State stated that it will use all available information during the visa screening and vetting process. The primary objective is to identify applicants who are inadmissible to the United States, particularly those who may pose a threat to U.S. national security or public safety. The Department emphasized that every visa adjudication is treated as a national security decision.

“The United States must be vigilant during the visa issuance process to ensure that those applying for admission into the United States do not intend to harm Americans and our national interests,” the Department stated. It further stressed that all applicants must credibly establish their eligibility for the visa sought, including proving their intent to engage only in activities consistent with the terms of their admission. “A U.S. visa is a privilege, not a right,” the Department said.