US Immigration Proposes Social Media Disclosure Rule for Visa and Green Card Applicants

The U.S. Citizenship and Immigration Services (USCIS) has introduced a proposal that would require individuals applying for visas and green cards to submit their social media handles as part of the application process.

This proposed measure is intended to enhance security screening procedures but has raised concerns regarding privacy rights and the potential for data misuse.

Who Will Be Affected?

According to TravelBiz, the proposed rule would apply to several immigration forms, including those for naturalization, asylum, and adjustments of status from an H-1B visa to a green card. Some of the key forms impacted include:

• N-400 – Application for U.S. citizenship
• I-131 – Request for advance parole
• I-485 – Green card or adjustment of status application
• I-589 – Asylum application

Additionally, applications for refugee status and petitions to remove conditions on residency would also be subject to the new disclosure requirement.

The Department of Homeland Security (DHS) views this as part of a broader effort to enhance security checks by incorporating a review of applicants’ online presence. However, immigration specialists have voiced concerns about how the information will be assessed and whether its interpretation could lead to unfair denials.

Why Is This Change Being Proposed?

USCIS aims to strengthen national security protocols by reviewing applicants’ social media activity to identify any potential security threats. While the agency frames this as a precautionary measure, legal experts question whether analyzing social media profiles is a reliable way to assess risk.

Impact on H-1B Visa Holders

The rule does not apply to the I-94 (Arrival/Departure Record) used for H-1B workers’ entry into the U.S., but it will affect those seeking permanent residency through a green card application.

Since Form I-485, which is essential for adjusting status, will now include the social media disclosure requirement, experts are advising H-1B visa holders planning to transition to permanent residency to prepare for potential complications.

Privacy and Interpretation Concerns

Immigration attorney Jonathan Wasden expressed reservations about how USCIS will interpret and manage social media data, stating:

“It remains unclear how USCIS will interpret posts, how long they will store data, or what guidelines they will use to flag concerns.”

Legal analysts also caution that social media posts may be taken out of context, leading to unjust denials.

“There is also a risk that applicants could face denials based on online activity that is taken out of context,” Wasden added.

Public Input and Next Steps

USCIS has opened a 60-day window for public feedback on the proposed rule. Individuals and organizations can submit their comments regarding its potential impact, necessity, and effectiveness before a final decision is made.

What Applicants Should Know

Although the proposed rule will not introduce additional application fees, it will subject applicants to heightened scrutiny. The requirement to disclose social media accounts may lead to delays and added challenges during the vetting process.

Immigrants and visa applicants are encouraged to stay informed about these changes and seek legal advice if needed. As the 60-day comment period remains open, stakeholders have an opportunity to voice their concerns before the rule is finalized.