H-1B row: Applicants receiving 221(g) slips from visa officers as social media vetting begins, what does it mean?

Starting from dec 15, the US State Department broadened the social media vetting process for skilled-worker visas, extending the examination to encompass H-1B professionals and their H-4 dependents.

With the new policy roll out, initial applicants are already experiencing delays, retention of passports, and temporary denials pending administrative review.

Earlier, mandatory social media screening primarily applied to student and exchange visitor visas categorized under F, M, and J. This modification indicates that skilled workers who are renewing or applying for H-1B visas will now face the same degree of online scrutiny.

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While there is no immediate decision regarding the approval or rejection of visa appeals, candidates are now receiving a 221(g) slip. Additionally, they are also being inquired about the public status of their social media accounts, after which their visa approval status gets updated online.

Users on Reddit have reported that some experienced a change in their status to ‘approved’ by the end of the day, while others indicated they are still awaiting a response even after two days. Furthermore, visa officers are retaining the passports of candidates, which, according to Redditors, suggest that the request may be approved soon. Similarly, if the officer returns the passport, many believe that the request could take two to three months.

After a visa interview, a US consular officer will issue a 221(g) slip, which is a notification that your visa cannot be authorized at this time under Section 221(g) of the US Immigration and Nationality Act. This signifies that the case is temporarily denied until additional action is taken. This means that more paperwork is needed, administrative processing of the matter is necessary, or some clarification is required.

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The slip comes in a number of colors, but at the moment, nearly all candidates are receiving a white slip. There is no universally accepted meaning for the colors, as they can differ from one consulate to another. However, since the initiation of social media vetting, the prevailing interpretation of the 221(g) slip is that the decision is pending due to social media scrutiny.

Immigration experts assert that the color of the slip does not influence the outcome; rather, it is the written instructions that hold significance.

Appointments for H-1B and H-4 visas have been abruptly postponed due to social media scrutiny, and Indian H-1B candidates are majorly impacted. After traveling to India for their visa stamping, many Indian H-1B visa holders learned that their appointments had been delayed for April or May of the following year. As a result, people who are unable to enter the US without a fresh stamp are left trapped in India, worrying about their chances of finding work.

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