Japa: Social Media Background Checks Now Part of US Immigration Process

The US Citizenship and Immigration Services (USCIS) has proposed a new rule requiring applicants for green cards and visas to disclose their social media handles. This initiative, aimed at strengthening security screening, has sparked concerns about privacy and the potential misuse of data.

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

The USCIS has published the proposal in the Federal Register and has invited the public to submit comments during a 60-day period. Affected forms include the N-400 for naturalization, the I-131 for advance parole, the I-485 for green card applications, and the I-589 for asylum.

Applications for refugee status and petitions for conditional residency removal will also be affected. Reports indicate that this move by the US Immigration to request social media handles of visa applicants is part of the Department of Homeland Security’s (DHS) effort to enhance security vetting through more comprehensive background checks.

However, immigration experts have raised concerns about how social media information will be interpreted and used. Immigration attorney Jonathan Wasden voiced concerns over how USCIS will interpret social media activity. “It remains unclear how USCIS will interpret posts, how long they will store data, or what guidelines they will use to flag concerns,” he said.

He also warned that applicants risk facing denials based on online activity that may be misinterpreted. “There’s also a risk that applicants could face denials due to online activity being taken out of context,” Wasden added.

The USCIS has initiated a 60-day public comment period, inviting individuals and organizations to provide feedback on the proposed rule. During this period, the public can express concerns regarding the rule’s necessity, effectiveness, and potential impact before its finalization.

According to reports, although the USCIS has assured that there will be no additional costs for applicants beyond standard filing fees, the social media disclosure requirement will introduce an extra layer of scrutiny. This may lead to complications and delays in the application process as social media activity is reviewed.