US Work Visas: What H-1B and H-4 Applicants Should Know About the US’s Start of Social Media Screening for Work Visas
US Work Visas: The United States has initiated increased social media screening of H-1B visa applicants and their family members, a step that immigration experts believe is already resulting to an increase in “prudential” visa revocations, even in situations where there are no criminal convictions. Prudential visa revocations for H-1B workers and their H-4 dependents are increasing, particularly in cases where applicants had previous contacts with law enforcement that were revealed and approved during previous visa procedures, according to immigration lawyer Emily Neumann.
The revelation comes after the US State Department issued a new regulation mandating that all H-1B applicants and the holders of their H-4 dependent visas make their social media accounts available for public inspection. Applicants who fall under the F, M, and J non-immigrant visa categories are also subject to the order.
“All applicants for H-1B visas and their dependents under the H-4 category, as well as F, M, and J non-immigrant visas, must set the privacy settings on all of their social media profiles to ‘public’ in order to facilitate this vetting,” the State Department said.
Attorneys Report an Increase in “Prudential” Revocations
According to Neumann, a large number of the instances that led to revocation had previously undergone screening. She questioned if repeated reviews were a cost-effective use of government resources, saying, “A revocation does not affect lawful stay in the United States, but it means the issue will be re-examined at the next visa appointment.”
A prudential visa revocation is a temporary and preemptive cancellation of a visa by the Department of State, according to Houston-based immigration law firm Reddy Neumann Brown PC. It is done when officials have not yet made a final decision but anticipate a potential eligibility problem.
Such revocations might cause ambiguity by necessitating re-examination at subsequent visa interviews, but they are not punitive and have no bearing on an individual’s legal position in the US.
A component of the broader tightening of immigration
The increased screening comes after social media scrutiny was previously extended to student visas. The ongoing nature of the visa screening process has been emphasized by US officials.
A proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” was issued by President Donald Trump in September, which he described as a first step in reforming the H-1B program. Additionally, the administration suggested a one-time $100,000 charge for new H-1B visas, which is anticipated to have a big impact on Indian professionals.
In response to a recent security issue, Washington has also suspended citizenship, green card, and other immigration applications from people of 19 “countries of concern.” A tighter approach to immigration screening across categories is seen in the suspension of all asylum petitions awaiting thorough investigation.