USCIS to Mandate Social Media Handles in Green Card and Visa Applications Process

The U.S. Citizenship and Immigration Services (USCIS) has proposed a new rule requiring immigration applicants to disclose their social media handles. This measure aims to improve security screening but raises significant privacy concerns.

Key Details of the Proposed Rule

The proposed rule, published in the Federal Register, mandates that applicants provide their social media identifiers on various immigration forms. This requirement aligns with the Department of Homeland Security’s (DHS) efforts to standardize security vetting. USCIS has initiated a 60-day public comment period to gather feedback on the rule’s necessity and potential impact.

Affected Immigration Forms

Several immigration forms will require social media disclosure under this new rule. Key forms include:

• N-400: Application for Naturalization (Citizenship)
• I-131: Application for Advance Parole (Travel Document)
• I-485: Application for Green Card or Adjustment of Status (including H-1B to Green Card)
• I-589: Application for Asylum
• I-590: Application as a Refugee
• I-730: Refugee/Asylee Relative Petition
• I-751: Petition to Remove Conditions on Residence (Conditional Green Card)
• I-829: Immigrant Petition by Entrepreneur (EB-5 Investor)

Reasons for the Change

This proposed rule aims to enhance national security screening. It aligns with previous executive orders and aims to improve vetting procedures. By examining applicants’ online presence, USCIS hopes to assess potential security risks more effectively.

Implications for H-1B Workers

While the I-94 (Arrival/Departure Record) form used by H-1B workers remains unaffected, the rule has long-term implications. The I-485 form, required for adjusting status from H-1B to a green card, will now require social media disclosures. Therefore, H-1B workers should stay informed about this new requirement.

Concerns and Uncertainties

The proposed rule raises several important questions:

• Interpretation of Posts: How USCIS will interpret social media activity remains unclear.
• Data Storage: Questions about how long and securely data will be stored are pressing.
• Potential Misinterpretation: There is a risk of applicants facing denials based on online activity taken out of context.
• Privacy Issues: Concerns about the level of privacy granted to this data are significant.

Jonathan Wasden, an immigration attorney, stated, “It remains unclear how USCIS will interpret posts or what guidelines they will use to flag concerns.”

Public Comment Period: Your Opportunity to Voice Concerns

The USCIS has opened a 60-day public comment period. Individuals and organizations can provide feedback on the proposed rule, focusing on its necessity and effectiveness. This period is a crucial opportunity for concerned parties to express their opinions.

No Extra Costs, But Increased Scrutiny

USCIS assures applicants that there will be no additional costs beyond standard filing fees. However, the added scrutiny of social media activity introduces another layer of complexity to the immigration process.

Staying Informed

For travelers and potential immigrants to the United States, it is vital to stay updated on these changes. Monitor USCIS announcements and consider consulting an immigration attorney for personalized guidance. Understanding these new requirements can help you navigate the immigration process more effectively.