Explained: What US social media vetting rules mean for Indian H-1B applicants

The United States has begun screening and vetting the social media accounts of all H-1B visa applicants and their H-4 dependants from Monday (December 15), in line with an earlier directive issued by the US State Department.

Also Read: US proposes tighter social media screening for visitors from visa-free nations

The aim of this enhanced scrutiny is to identify applicants deemed “inadmissible” to the country, as a US visa is “a privilege, not a right”, the order states, reflecting the Donald Trump administration’s continuing crackdown on immigration.

Applicants face disruptions

The H-1B visa is issued to foreign professionals and is used by American companies to recruit skilled workers from overseas. Indian nationals form the largest group of beneficiaries under this programme.

Even before the rule came into effect, the US Embassy in India had rescheduled numerous visa interviews, leaving many applicants stranded and disrupting travel plans. “Arriving on your previously scheduled appointment date will result in your being denied admittance to the Embassy or Consulate,” the embassy cautioned.

Meanwhile, several H-1B and H-4 holders have reportedly had their visas “prudentially revoked,” even in cases where they had only past interactions with law enforcement and no convictions, immigration attorney Emily Neumann said in a post on X.

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A prudential revocation is a temporary, precautionary measure and does not amount to a permanent cancellation of a visa. The social media screening for applicants and their dependants is now in force to identify those considered “inadmissible.”

Social media vetting

In its December 3 directive, the US State Department said it intends to expand mandatory online-presence reviews to all H-1B and H-4 applicants, in addition to students and exchange visitors who were already subject to such checks.

To enable this vetting, all H-1B applicants, their H-4 dependants, and F, M and J non-immigrant visa applicants have been instructed to set the privacy settings on all their social media accounts to “public”.

“The State 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 US national security or public safety,” the order states.

Indians likely most affected

The social-media vetting applies to all H-1B applicants and their dependants. Indians, who account for more than 70 per cent of all H-1B visa holders according to previous US administration data quoted by an HT report, are expected to be the most affected. Chinese nationals form the next largest group, at around 11-12 per cent.

There are around 300,000 Indian H-1B workers in the United States, mainly employed in the technology and services sectors.

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Immigration attorney Ellen Freeman noted that US consulates in India have rescheduled H-1B appointments, warning that some workers may lose their jobs as they remain stuck in India.

“We must plead with employers to allow them either to work from India or take a prolonged leave of absence for up to five months. In this economic climate, with pressure on deliverables, many employers will not be able to wait,” she wrote on LinkedIn.

Eliminating security threats

In asking applicants to make their social-media accounts “public”, the US State Department said the checks aim to identify individuals who pose a “threat” to US national security or public safety.

“The United States must be vigilant during the visa issuance process to ensure that those applying for admission do not intend to harm Americans or our national interests,” the order states.

The department added that it would assess whether applicants credibly demonstrate their eligibility for the visa category sought, including their intent to engage only in activities permitted under its terms.

Vetting criteria unclear

The latest directive has drawn significant criticism on social media, with users warning that it infringes upon digital rights.

It remains unclear what exactly officials will examine during the vetting process. However, a BBC report citing a senior State Department official, speaking about similar social media checks under student visa policy, offered some insight.

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The official said they have been instructed to identify individuals who “advocate for, aid, or support designated foreign terrorists and other threats to national security; or who perpetrate unlawful anti-Semitic harassment or violence,” providing some indication of the focus of the vetting process.