Please note this important immigration update from the U.S. Department of State (DOS) that directly impacts H-1B specialty occupation and H-4 dependent visa applicants applying at a U.S. Consulate or Embassy abroad.
Effective December 15, the DOS will expand its online presence review as a mandatory part of the visa application process to include all H-1B and H-4 applicants. This expansion brings these categories under a policy similar to one currently in place for F, M, and J visa applicants, requiring new security vetting before a visa can be issued.
What This Means for Applicants
H-1B and H-4 visa applicants will now undergo a review of their online presence, which includes their social media accounts, activity, and other online data, as part of their consular processing abroad. Applicants will be required to set their social media privacy settings to “public” to facilitate the State Department’s review.
Consular officers will be looking for content that may suggest:
- Hostility toward the United States’ citizens, culture, government, institutions, or founding principles.
- Advocacy or support for designated foreign terrorists or other threats to U.S. national security.
- The potential to steal technical information, exploit U.S. research and development, or spread false information.
- A history of political activism and the likelihood of continuing such activity in the U.S.
Potential Impact and Next Steps
We advise all current and future H-1B and H-4 visa applicants to be aware of the following:
- Increased Delays: The additional vetting required by consular officers may lead to longer waits for visa issuance and could potentially limit the number of available visa appointment slots.
- Risk of Refusal/Screening: The discovery of information perceived as derogatory by a consular officer could trigger more extensive security screenings, resulting in further delays, or in some cases, a visa refusal.
Action Recommended: Foreign nationals planning international travel and requiring a new H-1B or H-4 visa stamp should be mindful of this expanded review and its potential to cause delays in their return to the United States. We strongly recommend that applicants review their online presence immediately. H-1B employees must inform their Chair, HR Specialist, and FSIS of any upcoming international travel plans.
For more information, please see the official U.S. Department of State announcement: https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-expanded-screening-and-vetting-for-h-1b-and-dependent-h-4-visa-applicants.html