US immigration proposes rule requiring social media disclosure for green Card and visa applicants
The U.S. Citizenship and Immigration Services (USCIS) has proposed a new rule that would require applicants for green cards and visas to disclose their social media handles.
The rule is directed at strengthening security screening, has raised concerns about privacy and the potential misuse of data.
According to TravelBiz, the rule would apply to various immigration forms, including applications for U.S. citizenship, asylum, and the adjustment of status from an H-1B visa to a green card.
The USCIS published this proposal in the Federal Register, and the public has been invited to submit comments during a 60-day period.
Social media disclosure on immigration forms
The new rule will require applicants to provide their social media handles on a range of immigration forms. These include forms such as:
- 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
Other forms affected by this change include applications for refugee status and petitions for conditional residency removal.
This, according to reports, is part of the efforts by the Department of Homeland Security (DHS) to enhance security vetting through more thorough background checks. However, immigration experts have expressed concerns about the clarity of how social media information will be interpreted and used.
Purpose behind the change
The proposed rule is intended to strengthen national security vetting as part of ongoing efforts to assess potential risks posed by applicants.
The USCIS seeks to better evaluate applicants’ online activities to help identify individuals who may present security concerns. While the rule is positioned as part of security measures, it has raised questions regarding privacy protection and the accuracy of assessing online behavior.
Impact on H-1B visa holders
The rule is stated to not affect the I-94 (Arrival/Departure Record) used by H-1B workers for entry, it will impact those applying for a green card from an H-1B visa, reports inform.
Also, the form I-485, required for adjusting status to permanent residency, will also include the social media disclosure. And immigration experts have advised that individuals planning to transition from an H-1B visa to a green card be aware of this new requirement, as it could have significant long-term implications.
Concerns about data privacy and interpretation
Immigration attorney, Jonathan Wasden, expressed concerns over how USCIS will interpret social media posts, stating,
“It remains unclear how USCIS will interpret posts, how long they will store data, or what guidelines they will use to flag concerns.”
Additionally, experts worry about the potential for denials based on online activity taken out of context and the level of privacy applicants’ data will have during 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 open for feedback
The USCIS has opened a 60-day public comment period for individuals and organizations to provide feedback on the proposed rule. The agency is seeking input on the rule’s necessity, effectiveness, and potential impacts on applicants.
This comment period provides an opportunity for the public to voice concerns about the rule before it is finalized.
No additional costs, but increased scrutiny
According to reports, the USCIS has stated that there will be no additional costs for applicants beyond the standard filing fees. However, the requirement for social media disclosure introduces an added layer of scrutiny to the immigration process, potentially complicating applications.
Applicants may face delays or additional challenges as their social media activity is reviewed during the vetting process.
Staying Informed About Changes
For individuals planning to apply for immigration benefits in the U.S., it is important to stay informed about the proposed changes. USCIS will continue to provide updates, and those affected by the new rule may wish to consult with immigration attorneys to understand how these changes could impact their applications.
The 60-day public comment period offers a critical opportunity to address concerns before the rule becomes final.
