The U.S. Department of State (DOS) has announced a significant change to its visa-vetting procedures that will affect all individuals applying for H-1B visas and their H-4 dependents. Beginning December 15, consular officers will conduct an online presence review - commonly referred to as social-media screening - for all H-1B/H-4 applicants. This requirement previously applied only to applicants in the F, M, and J categories.

Below is a summary of the policy and recommended steps applicants should take before attending a visa interview.

1. Summary of the New Policy

According to the DOS:

• Starting December 15, a social media review will be conducted for all H-1B and H-4 visa applicants.
• To facilitate this review, applicants must adjust the privacy settings on all social media profiles to “public.”
• The expanded vetting aligns the H-1B/H-4 process with existing requirements for F-1, M-1, and J-1 visa applicants.
• The purpose of this review is to help identify applicants who may present national-security or public-safety concerns and to verify that applicants intend to engage only in activities permitted under their visa classification.

2. Who Is Affected

This policy applies to:

• All H-1B principal applicants, whether first-time or renewing.
• All H-4 dependent applicants, including spouses and children.
• Applications at any U.S. embassy or consulate worldwide.

3. Required Applicant Action

To comply with the updated procedures, applicants should:

• Review all social media accounts (e.g., Facebook, Instagram, LinkedIn, X/Twitter, TikTok, YouTube, personal blogs, etc.).
• The DOS is instructing all H-1B and H-4 visa applicants to set social media privacy settings to “Public.”
• Ensure the public content accurately reflects identity, contains no misleading information, and does not conflict with any information provided in visa forms or during the interview.

4. Recommended Best Practices Prior to the Visa Interview

Applicants should take the following steps:

• Verify consistency across platforms: Information shared publicly should not contradict information provided on the DS-160, resume, employer website, or other sources easily accessible to consular officers. Be aware of photos, posts, or comments implying unauthorized employment, activities that violate immigration status, or activities inconsistent with visa status
• Avoid humor that may be misinterpreted: Posts involving political commentary, or jokes about violence or immigration may be misinterpreted without context.

5. What Applicants Can Expect During Adjudication

While the State Department does not disclose specific vetting methodologies:

• Consular officers may review publicly available online content before, during, or after the interview.
• Officers may ask clarifying questions about online information.
• Any discrepancies with the visa application or interview statements may result in administrative processing, delays, or refusals.
• This review will occur without additional action required from the employer, but employers should be aware of potential processing delays.

6. Guidance for Employers

Employers sponsoring H-1B workers may wish to:

• Alert employees and dependents to this new requirement.
• Encourage applicants to prepare early, especially if interviews are scheduled soon after December 15.
• Build in additional time for visa stamping in case of administrative processing.
• Coordinate with counsel if the employee’s online presence raises potential questions (e.g., side businesses, freelance work, political advocacy that may require explanation).

  For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

Disclaimer: The information contained herein is intended only for informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.