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US Announces New Rules for Vetting 'Digital Footprints’

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The Trump administration is further restricting the H-1B visa program, complicating the process for US companies to employ foreign labor due to a steep application fee, while also making it harder for foreign workers to obtain H-1B visas.

The latest actions by the Trump administration pose difficulties for skilled foreign workers aiming to immigrate to the US with H-1B visas. Beginning December 15, every H-1B applicant must comply with the criteria established by the 'online presence review'.

All H-1B applicants must set the privacy settings on all their social media accounts to “public” as part of the “online presence review.”

The State Department has broadened the mandate that an online presence assessment will be carried out for all H-1B applicants and their dependents, a measure previously implemented for international students and exchange visitors arriving in the US.

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The Trump administration is integrating ‘digital footprints’ as a crucial component in the evaluation process for immigrant visa approvals.

The updated vetting regulation mandates that all H-1B applicants and their dependents (H-4), along with F, M, and J nonimmigrant visa holders, must change their social media profile privacy settings to “public.”

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US firms utilize the H-1B program to employ international employees in specialized roles that necessitate a bachelor's degree or higher in a specific field closely linked to the H-1B job. H-4 dependent spouses of H-1B nonimmigrants must change the privacy settings on all their social media accounts to “public.” H-4 spouses of H-1B nonimmigrants can work in the US by submitting Form I-765, Application for Employment Authorization.

The State Department utilizes all accessible information during visa screening and vetting to pinpoint visa applicants who cannot enter the United States, including individuals who may threaten U.S. national security or public safety.

 

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Every candidate for student and exchange visitor status in the F, M, and J non-immigrant categories receives thorough evaluation by the State Department, which involves examining their online presence. This procedure is now applied to H-1B visa candidates.

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