DOS Expands Social Media Vetting to H-1B and H-4 Visa Applicants

Starting December 15, 2025, the Department of State (DOS) will extend its enhanced social media vetting to H-1B specialty-occupation workers and their H-4 dependent family members. This newest expansion of the government’s online presence screening practices for foreign nationals applies to both new visa applications and renewals.

Highlights include:

• While DOS has not released detailed standards governing how consular officials will evaluate online content for H-1B and H-4 applicants, it is anticipated that it will be in line with DOS’s June 2025 rollout of enhanced social media vetting for F, J, and M visa applicants. In its initial implementation, DOS instructed applicants to make their social media accounts publicly viewable and emphasized that consular officers may review online activity as part of the national security and eligibility assessment underlying every visa adjudication.
• The DS-160 already requires most nonimmigrant visa applicants to list all social media identifiers or usernames used during the past five years. DOS may treat a lack of accessible online presence or refusal to make accounts public as a warning sign. Also, a history of political activism, while not necessarily grounds for denial, may contribute to extended processing.
• In line with current vetting practices for F, J, and M visa applicants, consular officers will likely use the same online review tools to assess credibility, verify consistency with the offered employment, and evaluate compliance with past immigration status. Officers may also review online activity for indicators of potential security risks, including expressions of hostility toward U.S. institutions, affiliations that could implicate national-security concerns, or content that suggests involvement in or sympathy for unlawful conduct. Social media content that appears inconsistent with an applicant’s job title, employer affiliation, work location, or prior status history, or that raises such security concerns may trigger follow-up questioning or administrative processing.

The Department of State also reportedly sent a cable to all diplomatic and consular posts to “be on the lookout” for H-1B visa applicants who are “responsible for or complicit in the censorship of Americans.” The cable defines such activities as “adopting global content moderation policies inconsistent with freedom of expression, complying with global content moderation or censorship demands from a foreign entity and providing access to private data on American citizens in connection with content moderation.” In addition to social media profiles and posts, DOS said, evidence could be obtained from resumes, work histories, and public statements.

Further, there have also been recent reports of H-1B visa refusals issued under § 214(b) of the immigration statute based on perceived credibility issues—even though H-1B status is a dual-intent category that should not be subject to traditional nonimmigrant-intent denials. While § 214(b) is normally used to refuse visas that require strong ties abroad, consular officers may invoke it for H-1B visa applicants when social-media review uncovers inconsistencies in employment information, questions about prior status compliance, or other credibility concerns, potentially increasing denial risks under the expanded vetting framework.

Employers and affected H applicants should anticipate longer processing times, lengthy background checks, and greater emphasis on consistency across their stated employment, resume, immigration history, online presence, and any potential security-related indicators.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.