MUMBAI: The US Citizenship and Immigration Services (USCIS) has proposed a new rule requiring applicants for immigration-related benefits to disclose their social media identifiers (handles).
According to the USCIS notification, the proposed measure will affect various immigration forms, such as applications for American citizenship, asylum, and green cards (including upgrading from a two-year conditional green card). However, the immigration agency states that there are no additional costs to applicants beyond those already associated with filing immigration forms.
“H-1B workers fill out Form I-94, the Arrival/Departure Record, when they enter the US. This form documents their entry date, port of entry, and visa status. The proposed rule does not cover this form. However, given that USCIS is proposing to collect social media identifiers on various immigration forms, H-1B aspirants should also be cautious,” an immigration expert attached to a technology company told TOI.
“However, Form I-485 which is used for adjustment of status from H-1B to green card is covered. H-1B aspirants who have long-term plans of settling in the US, need to bear this in mind,” he added.
“It remains unclear how USCIS will interpret posts, how long they will store data, or what guidelines they will use to flag concerns. There is also a risk that applicants could face denials based on online activity that is taken out of context,” states Jonathan Wasden, an immigration attorney.
Similarly other non-immigrant visa application forms, like tourist, business travel (Form DS-160) are not covered by this requirement as of now. Nor are forms used by international students.
This proposal, recently published in the Federal Register, aims to strengthen national security screening and identity verification as part of President Trump’s Executive Order – ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.’
Under the proposal, USCIS will collect social media handles from applicants to enhance vetting procedures and assess potential security risks. This move aligns with the Department of Homeland Security’s (DHS) broader efforts to implement uniform screening standards. The agency has set a 60-day window for inviting public comments on the new data collection process, particularly regarding its necessity, effectiveness, and potential burdens on applicants.
Forms identified for collecting social media handles:
Form | Used For |
N-400 | Application for naturalization (citizenship) |
I-131 | Application for advance parole – it is a travel document. It enables current green card applicants to leave US for temporary travel and return without disrupting their green card application process |
I-485 | Application for green card (say on marriage) or adjustment of status (say from H-1B to green card) |
I-589 | Application for asylum |
I-590 | Application as a refugee |
I-730 | Used by an asylee or refugee for requesting that dependants (spouse/minor children) join him/her in US |
I-751 | Application to upgrade a two year conditional green card to a full ten-year green card (Typically used by those who have obtained a conditional green card through marriage to an American citizen or green card holder) |
I-829 | Application to be filed by an EB-5 investor to upgrade from a two year conditional green card |