Looking for COVID-19 Resources? Bridge is here to help!
Back to Blog

"Like" It or Not, Social Media History Could Impact Visa Applicants' Chances of Approval

Bridge Team Member

Social media plays a role in the lives of nearly everyone, and most of us don’t give it much thought. For visa hopefuls, however, this soon may be changing. The Department of Homeland Security (DHS) will be accepting public comments until May 29 on a rule that allows them access to the social media history of over 14 million people currently applying for a non-immigrant visa.

Background for the Proposed Social Media Rule

On September 18, 2017, the Federal Register proposed to modify the current Alien File, Index, and National File Tracking System of Records, which is a system of records that outlines transactional information as people pass through the United States immigration system. Specifically, the modification includes gathering the “social media handles, aliases, associated identifiable information, and search results” of potential immigrants. On March 30, 2018, the Federal Register posted a notice that escalates the scope of the 2017 proposal to also include those seeking nonimmigrant visas, which includes those seeking work and student visas.

The Federal Register’s 60-Day Notice of Proposed Information Collection forwards additional questions related to multiple social media platforms for nonimmigrant visa applicants; it includes the requirement that applicants list any social media “identifiers” they’ve used over the preceding five years. The notice also incorporates a question related to whether any of an applicant’s specified family members have been engaged in “terrorist activities”.

By including nonimmigrant visa applicants, the proposal stands to affect several millions more people, annually. While on the campaign trail, President Donald Trump touted enhanced vetting of those seeking visas to the U.S., and such modifications align with this rhetoric.

Civil Liberties for Visa Applicants

Hina Shamsi, director of the American Civil Liberties Union (ACLU), weighs in on this proposal and her assessment is grim. Shamsi finds this massive attempt to collect social media information both deeply troubling and ineffectual. Further, Shamsi notes that, “(i)t will infringe on the rights of immigrants and U.S. citizens by chilling freedom of speech and association, particularly because people will now have to wonder if what they say online will be misconstrued or misunderstood by a government official.”

According to Shamsi, the ACLU is also concerned about exactly how the Trump administration defines the “vague and overbroad” identifier of “terrorist activities.” The ACLU finds that such political verbiage gives rise to the very real possibility that the social media information gathered will unfairly target applicants from Muslim-majority countries. Further, the ACLU posits such denials not only discriminate but also do nothing to protect the security of our nation.

Unclear Advantage

One ongoing immigration concern is that these provisions will unfairly focus on immigrants, and recent official documents obtained by the Daily Beast highlight this. In fact, a February 2017 report from the DHS Inspector General raises its own concerns about the inherent veracity of the social media monitoring system, based on an absence of criteria for measuring success.

While the push to gather the social media histories of those entering the U.S continues apace, however, the outcome remains unclear. Loosely defined language envelops the endeavor in ambiguities related to civil liberties.  

Should you have any questions about how this impacts your business or employees, please do not hesitate to reach out to us at support@bridge.us.

Disclaimer: This content is not a form of legal advice and should not be treated as a substitute for legal counsel. Bridge US encourages readers to discuss any and all immigration-related concerns with an attorney.


More from the Blog

Elevate Your Immigration Process with a Strategic Approach

Once the data is clean and uploaded, the main business users are trained, and the policies are established; immigration turns from an administrative burden into a strategic business endeavor. By unlocking a more holistic People analytics & insights, Talent leaders can arm business leaders to make informed decisions that are not only good for the organization, but also the community and for its people. 

Read Story

A Better Way to Track International Employee Data in 2021 and Beyond

Modern companies require modern access to data and insights, the days of using spreadsheets (not systems) and ad-hoc reporting requests (not on-demand) are being phased out. In the People Operations world, there are very few situations that are static and slow-moving, so shouldn't your data be able to keep up with the pace of your business. But before you throw your old system in the bin, consider what key metrics would be critical to have visibility into and also what sort of vendor can help you best access the data and automated processes that you need.

Read Story

Key Immigration Data Points That People Teams Should be Tracking

Once companies choose to engage with visa sponsorship for their workforce, they also inherit more process, vendor, and compliance responsibilities. However, People Operations teams are beginning to ask for more data from the immigration teams. As we see an increasing importance to invest in creating a delightful employee experience and leveraging people data insights to deliver more business value, HR teams are taking a smarter approach to immigration case processing and reporting.

Read Story