US Immigration Proposes Rule Requiring Social Media Disclosure For Green Card And Visa Applicants

The United States Citizenship and Immigration Services (USCIS) has proposed a new rule requiring applicants for green cards and visas to divulge their social media handles.

The rule, which aims to tighten security screening, has prompted privacy worries and the possibility of data exploitation.

According to TravelBiz, the rule would apply to a variety of immigration forms, including petitions for U.S. citizenship, asylum, and changing status from an H-1B visa to a green card.

The USCIS published this proposal in the Federal Register and encouraged the public to comment for 60 days.

Immigration applications require social media disclosure

The new rule requires applicants to include their social media handles on a variety of immigration documents. Examples include:

• The N-400 for naturalization form
• I-131 for advance parole form
• I-485 for green card or adjustment of status applications form
• I-589 asylum form

This amendment also affects applications for refugee status and requests for conditional residence removal.

According to sources, this is part of the Department of Homeland Security’s (DHS) efforts to improve security vetting by conducting more thorough background checks.  However, immigration experts are concerned about the clarity of how social media information would be interpreted and used.

Purpose of the change

The new rule aims to tighten national security vetting as part of continuous efforts to examine possible dangers posed by applicants.

The USCIS aims to improve its evaluation of applicants’ online behavior in order to identify persons who may pose security risks.  While the law is framed as part of security measures, it has prompted concerns about privacy protection and the accuracy of assessing online conduct.

Impact on H-1B visa holders

The rule is not expected to affect the I-94 (Arrival/Departure Record) used by H-1B workers for entry, but it will have an influence on individuals asking for a green card based on an H-1B visa, according to reports.

In addition, the social media declaration will be included on form I-485, which is required for modifying status to permanent residency.  Individuals wishing to transfer from an H-1B visa to a green card should be aware of this new requirement, since it may have serious long-term consequences.

Concerns with data privacy and interpretation

Immigration attorney Jonathan Wasden highlighted concerns about how USCIS will read social media statements, claiming,

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

Furthermore, experts are concerned about the possibility of denials based on online activity taken out of context, as well as the level of privacy that applicants’ data will have throughout and after the vetting process.

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

Public comment period is available for feedback

The USCIS has initiated a 60-day public comment process in which individuals and groups can submit feedback on the proposed rule.  The government is collecting feedback on the rule’s need, efficacy, and potential impact on applicants.

This comment period allows the public to raise concerns about the regulation before it is finalized.

No extra costs, but increased scrutiny

According to sources, the USCIS has declared that applicants will incur no additional expenditures beyond the regular filing fees.  However, the requirement for social media disclosure adds an extra degree of scrutiny to the immigration process, which may complicate applications.

Applicants may experience delays or additional problems while their social media activity is evaluated during the verification process.

Staying Informed about Changes

Individuals preparing to apply for immigration benefits in the United States should stay informed about the proposed changes.  USCIS will continue to provide updates, and people affected by the new rule should consult with immigration professionals to learn how the changes may affect their applications.

The 60-day public comment process provides a critical opportunity to address issues before the rule is finalized.