USCIS to Require Social Media Handles for Green Card and Visa Applications?

The U.S. Citizenship and Immigration Services (USCIS) has proposed a new rule requiring green card and visa applicants to disclose their social media handles. This move aims to strengthen security screening but raises concerns about privacy and data usage.

The rule would apply to various immigration forms, including applications for U.S. citizenship, asylum, and adjustment of status from an H-1B visa to a green card.

Key Details of the Proposed Rule

The proposed rule, recently published in the Federal Register, requires applicants to provide their social media identifiers on multiple immigration forms. Experts have raised concerns about privacy and data interpretation.

This measure aligns with the Department of Homeland Security’s (DHS) efforts to standardize security vetting. USCIS has opened a 60-day public comment period for feedback on its necessity and potential impact.

Which Forms Will Require Social Media Disclosure?

The proposed rule, recently published in the Federal Register, will impact numerous immigration forms. Key forms requiring social media handle disclosure 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)

Why the Change?

This proposed rule is a direct result of efforts to strengthen national security screening, aligning with previous executive orders. The USCIS aims to enhance vetting procedures and assess potential security risks by examining applicants’ online presence.

What Does This Mean for H-1B Workers?

Although the I-94 (Arrival/Departure Record) form that H-1B workers use for entry remains unaffected, the rule has significant long-term implications.

Immigration experts emphasize that the form I-485, required for adjusting status from H-1B to a green card, is included. Therefore, those planning to settle in the US should be aware of this new requirement.

Concerns and Uncertainties

The proposed rule raises several concerns:

• Interpretation of Posts: The method by which USCIS will interpret social media posts remains unclear.
• Data Storage: The duration and security of stored data are also points of concern.
• Potential for Misinterpretation: There’s a risk of denials based on online activity taken out of context.
• Privacy Concerns: The level of privacy that the data will be granted is a major concern.

“It remains unclear how USCIS will interpret posts, how long they will store data, or what guidelines they will use to flag concerns. There is also a risk that applicants could face denials based on online activity that is taken out of context,” states Jonathan Wasden, an immigration attorney.

Public Comment Period: Your Voice Matters

The USCIS has opened a 60-day public comment period. This allows individuals and organizations to provide feedback on the proposed rule, particularly regarding its necessity, effectiveness, and potential burdens. This is a crucial opportunity for those concerned to voice their opinions.

No Additional Costs, But Increased Scrutiny

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

Travellers and Future Immigrants: Stay Informed

For travellers and those considering immigrating to the United States, staying informed about these changes is essential. Monitor USCIS updates and consider consulting with an immigration attorney for guidance.