Social media screening for US H-1B visa begins: How Indians will be worst-hit

THe United States has begun viewing and vetting the societal media accounts of all H-1B visa applicants and their subordinate H-4 visa applicants, starting mon ( dec 15), as per an earlier order from the US state department. The aim of the enhanced screening is to identify applicants who are “inadmissible” to the country, since a US visa is a “privilege, not a right”, the order says, as the Donald Trump-led administration continues its crackdown on immigration.The H-1B visa is issued to foreign employees and is used by American companies to hire talent from outside the country. Notably, Indian nationals are the largest group to benefit from this programme.Even before the rule took effect, the US Embassy in India had rescheduled many visa interviews, leaving several applicants stranded and affecting their travel plans. “Arriving on your previously scheduled appointment date will result in your being denied admittance to the Embassy or Consulate,” the embassy said.ALSO READ | Has Trump effectively killed the H1B visa programme?Meanwhile, many H-1B and H-4 holders also saw their visas being “prudentially revoked” even if they merely had a past interaction with law enforcement but no conviction, immigration attorney Emily Neumann said in a post on X. Notably, a prudential visa revocation is a temporary and precautionary step taken as a matter of caution, and it does not amount to a permanent cancellation of the visa.As the social media screening of the applicants and their dependents begins today to single out “inadmissible” applicants to the United States, here is a detailed look at what the order says, who will be affected, what details officials will be looking for, and why the Trump administration is resorting to such measures. What does the order say? Who is it for?In an order issued on December 3, the US state department said it aims to expand the requirement for an online presence review to be conducted for all H-1B visa applicants and their dependent H-4 visa applicants, apart from students and exchange visitors who are already subject to the review.To allow the vetting, the department instructed all H-1B applicants and their dependents (H-4), as well as F, M, and J nonimmigrant visa applicants, to change 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,” it said in the order.While justifying the process, the department said that a “US visa is a privilege, not a right” and that every visa adjudication is a “national security decision”.Why Indians will be the worst-hitThe social media screening and vetting process applies to all H-1B applicants and their dependents. Notably, Indians constitute the largest proportion of H-1B visa holders.With this order, Indians are expected to be the worst-hit, as they account for more than 70 per cent of all H-1B visas, as per US administration data quoted by previous HT reports. This is followed by Chinese nationals, who constitute about 11 to 12 per cent of H-1B visa holders.Notably, there are about 300,000 Indian workers in the US who hold H-1B visas and are mostly engaged in the technology and services industries.Atal Agarwal, founder of OpenSphere and self-described “Immigrants Angel”, wrote on X describing the frustration of many visa applicants: “H-1B worker: Background check ✓, Employer sponsor ✓, Degree verified ✓, Fees paid ✓, Years waiting ✓. Still not enough. Now: New Social Media Screening. What did you post on LinkedIn in last 5 years?”Immigration attorney Ellen Freeman, while quoting that US consulates in India have rescheduled H-1B visa appointments, said that H-1B workers may lose their jobs since they are stuck in India.“We have to plead with employers to let them either work from India or take a prolonged leave of absence for as many as 5 months. In this economic environment and the deliverables pressure, many employers will not be able to wait,” she wrote on LinkedIn. Why is the Trump administration screening social media? What could be checked?While asking applicants to make their social media accounts “public”, the US state department said the screening and vetting will be done to identify applicants 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 into the United States do not intend to harm Americans and our national interests,” it said in the order.The department also said it would confirm that all applicants credibly establish their eligibility for the visa sought, including that they intend to engage in activities consistent with the terms of their admission.The latest order has received heavy backlash from users on social media, who warn that it moves to harm their digital rights.What could be checked?It is not clear what exactly would be checked during the screening and vetting process. However, a BBC report quoting a senior state department official on the social media history submission as part of student visa policy povided some information.The official said they have been instructed to identify people who “advocate for, aid, or support designated foreign terrorists and other threats to national security; or who perpetrate unlawful anti-Semitic harassment or violence”. This gives an idea of what the process looks to achieve.