Expanded social media screening for certain visa categories

The US Department of State has announced that effective March 30, it will expand online presence review to include applicants in the following additional nonimmigrant visa classifications: all A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U. These are in addition to the H-1B applicants and their dependents, and the F, M, and J student and exchange visitor visa applicants already subject to this review.

It goes on to say that to facilitate this vetting, all applicants for A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, U, H-1B, H-4, F, M, and J nonimmigrant visas are instructed to adjust the privacy settings on all of their social media profiles to “public” or “open.”

The department uses all available information in visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security or public safety. It conducts thorough vetting of all visa applicants.

The State Department clearly points out that every visa adjudication is 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, and that all applicants credibly establish their eligibility for the visa sought, including that they intend to engage in activities consistent with the terms for their admission. As it claims, a U.S. visa is a privilege, not a right.

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There is now a new head at the helm of the Department of Homeland Security. The Senate confirmed Markwayne Mullin as Homeland Security secretary on March 23, replacing Kristi Noem who was plagued with issues involving her own leadership and management style as well as the growing public distrust of ICE in its enforcement functions. Mr. Mullin will come to DHS amidst an ongoing shutdown and conflicting pressure from both the Democratic and Republican parties on how to run DHS.