The U.S. Department of State (DOS) has announced that, effective Dec. 15, it will expand its current “online presence review” requirement to include all H-1B applicants and their H-4 dependents. This enhanced vetting previously applied only to visa applicants in the F, M, and J student and exchange visitor categories.

In its announcement, DOS indicated that every visa adjudication is a national security decision and that the U.S. government must ensure applicants do not pose a threat to national security or public safety. To verify eligibility and intent, consular officers must use all available information, including an applicant’s online presence, reflecting the principle that a U.S. visa is a privilege, not a right.

Key Requirements: 

• Mandatory Online Presence Review: Consular officers will now conduct a formal review of publicly available information for all H-1B/H-4, F, M, and J visa applicants.

• Social Media Set to “Public”: Visa applicants in these categories are instructed to change all social media accounts to “public” to facilitate the review. This includes, but is not limited to, platforms such as Facebook, Instagram, X/Twitter, LinkedIn, TikTok, and others. It remains unclear how far in advance of scheduled interviews that non-public accounts must be converted to public.

• The review covers any information available online that may be relevant to confirming a visa applicant’s identity, background, and eligibility.

View the complete law bulletin here for more analysis and the practical implications for visa applicants.