United States: Starting December 15, State Department Will Expand Online Presence Review to H-1B and H-4 Visa Applicants

The State Department announcement does not provide any detail on the standard by which the H-1B and H-4 online presence review will be conducted. However, the visa categories are being added to the online presence policy already in place for F, M, and J visa applicants, and several details regarding that policy were reported on by reliable media sources in the spring.

A May 2025 State Department cable providing guidance to consular posts on the online presence policy was obtained by several media outlets in the spring. The resulting reporting reflected the policy details listed below; however, some or much of this detail may have been revised or altered since the initiation of the online presence policy in late May:

• Applicants will be directed to set their social media accounts to a public setting.  If the applicant keeps portions of their account set to private or otherwise limited, a negative inference can be drawn regarding the applicant’s credibility. The State Department has warned previously that the lack of an online or social media presence can also lead to a negative inference in some situations.
• The vetting guidelines direct consular officers to look for:
  • • Indications of “hostility toward the citizens, culture, government, institutions, or founding principles of the United States”;
    • Indications that an applicant advocated for, aided, or supported designated foreign terrorists and other threats to U.S. national security or “perpetrate[d] unlawful antisemitic harassment or violence”;
    • Indications that an applicant might “steal technical information, exploit U.S. research and development, and spread false information for political or other reasons”; and
    • Whether an applicant “demonstrate[s] a history of political activism” and whether there is a “likelihood they would continue such activity in the United States.”
• If perceived derogatory information is found, the consular officer can refuse the application or call the applicant back for a follow-up interview. The discovery of derogatory content could trigger additional review “to determine whether the foreign national will respect U.S. laws and engage only in activities consistent with their nonimmigrant status.”
  

  Further, media outlets that have reportedly reviewed the State Department cable sent to U.S. consulates providing guidance on the online presence policy as applied to H-1B and H-4 visa applicants say that the focus for the new group is whether the applicant is deemed to be have been responsible for or complicit in the “censorship or attempted censorship” of U.S. citizens at any time in their employment or personal history.

Employers and affected foreign nationals should be aware that H-1B and H-4 visa appointment slots may become more limited on account of  the additional work that consular officers must perform under the online presence review process. The vetting standards also mean that applicants may face an increased likelihood of being flagged for lengthy background checks and longer waits for visa issuance. These factors could mean that H-1B and H-4 visa applicants are delayed in their ability to enter the United States.

H-1B visa applicants faced with possible delays should keep in close contact with their employer. In addition, any foreign national planning international travel – whether they hold a valid visa or will need to apply for a new one – should review some important considerations before making plans to travel abroad.

Fragomen closely monitors visa policy and processing; we will provide updates as new information becomes available.