U.S. immigration officials are interested in your employees' social media activity

Visa applicants to the United States are now required to submit any information about social media accounts they have used in the past five years under a State Department policy that started on Friday, May 31. The new section (DS-160) now requires new visa applicants to select all the social media platforms and disclose all usernames, screen names and handles. 

The new rules apply to virtually all applicants for immigrant and non-immigrant visas. When the State Department filed its initial notice to make the change, it estimated it would affect 710,000 immigrant visa applicants and 14 million non-immigrant visa applicants, including those who want to come to the U.S. for business or education.

Some are concerned that the added requirement could dissuade visa applicants, who may see it as a psychological barrier to enter the United States. Some are objecting and suggesting this does nothing to really help protect security concerns but raises significant privacy concerns. Others feel that this is needed to better vet those entering the United States. 

These new obstacles to immigration come at a time when competition for highly skilled talent is at an all-time high. And, according to data from the Organization of Economic Co-operation and Development, the U.S. is no longer the top-ranked destination for highly skilled workers or entrepreneurs.

According to Matthew Gross of BAL Global, while the social media questions may be a surprise to visa applicants, the State Department has been in the process of implementing this change for some time actually. He notes that as part of the extreme vetting of visa applicants pursuant to President Trump’s 2017 travel ban and “Buy American and Hire American” executive orders, the department introduced a supplemental questionnaire for some applicants that requested extensive family, travel and employment histories, as well as all social media activity in the previous five years.

In addition to their social media histories, visa applicants are now asked for five years of previously used telephone numbers, email addresses, international travel and deportation status, as well as whether any family members have been involved in terrorist activities.

There are some suggestions for new applicants and companies to consider:

• Individuals should be prepared during their visa or green card interview to answer questions about information on their social media accounts and address any potential inconsistencies. 
• Employees should review their social media presence and make sure that their professional qualifications, educational background, employment histories and job description are accurate and do not conflict with the terms of their visas. 
• Employees may want to update their profile settings to make their online presence private.

Ultimately, HR and global mobility teams should consider putting in place policies and/or practices that warn employees that their social media activity may be requested and screened when applying for visas or other immigration benefits.