United States: State Department Resumes Student Visa Appointment Scheduling with Enhanced Vetting of Applicants’ Online Presence

The new standards for vetting of online presence apply to: 

• new applications for F, M, and J student visas;
• pending F, M, and J student visa applications, including for those who received a waiver of the in-person interview requirement; and
• F, M, and J student visa applicants who have been interviewed and whose cases are otherwise approvable, but who have not yet been issued a visa.

The State Department has reportedly recommended that posts give priority to J-1 physician applicants and to students seeking to study at a U.S. higher education institution with a student body having 15% or fewer foreign students. Though the agency appears not to have included a list of such schools with the cable, the latest available data on foreign student enrollment at U.S. schools is available here from the National Center for Education Statistics.

The State Department has also suggested that posts consider their overall application workload and the resource demands of enhanced vetting of F, M, and J visa applications, which could lead consulates to make fewer appointments available to F, M, and J applicants.

An F, M, or J student visa applicant’s online presence includes their social media accounts and activity, as well as information in online databases.

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.

According to press reports, 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 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.”

Though the scheduling of F, M, and J student visa appointments is now resuming, appointment slots may be more limited than in the past to account for the additional work that consular officers must perform under the new guidelines. The vetting standards also mean that applicants face an increased likelihood of being flagged for lengthy background checks and longer waits for visa issuance. These factors could mean that F, M, and J students are delayed in their ability to enter the United States to begin or resume study or work. Students faced with possible delays should keep in close contact with their designated school official (DSO) and, if applicable, their optional practical training (OPT) employer. In addition, any F, M, and J student 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.