By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
As anticipated, social media continues to expand into other visa categories. The U.S. Customs and Border Protection (CBP) proposed to expand social media vetting. This notice was published on December 9 in the Federal Register. CBP is proposing to collect up to five years of social media data from foreign travelers from visa-waiver countries.
CBP plans to require applicants to provide a long list of personal data, including social media, email addresses from the last decade, and the names, birth dates, places of residence, and birthplaces of parents, spouses, siblings, and children. Under the current system, applicants from the 42 visa waiver countries must enroll in the Electronic System for Travel Authorization program. They pay a fee and submit an email address, home address, phone number, and emergency contact information. Listing your social media has been optional on the application. This is not a surprise, as the expansion of vetting has been announced many times by the Trump Administration.
Since June of 2025, Social media screening has been in place for F-1, F-2, J-1, and J-2 visa applications. This last proposal comes after the U.S. Department of State announced consular posts will begin screening social media for all H-1 and H-4 visa applicants effective December 15, 2025.
At U.S. ports of entry, the U.S. CBP is continuing to screen foreign nationals who are seeking entry to the U.S., and U.S. Immigration and Naturalization is actively screening social media accounts, including LinkedIn, Instagram, etc., as they adjudicate applications filed with USCIS.
USCIS also announced the creation of a new vetting center to assist agencies with screening. Agencies are using automation and AI tools in all languages to scan for certain high-risk keywords and could be searching for some or all of the following. Here is a highlight of what they search for:
- Extremist or Dangerous Content on Social Media
- Supporting terrorism, hate groups, or extremist ideologies
- Threatening terms like “death” or “kill” may also trigger concern
- Fake or Multiple Identities
- Using names or accounts inconsistent with the application
- Suspicious or deceptive profiles
- Negative Public Behavior
- Posts criticizing U.S. policies or government (can raise concerns about intent)
- Reckless or unlawful behavior shown publicly
- Inconsistent Information on Immigration Application
- Posts that contradict application details
- Misstated employment, marital status, or travel history
- Employment/Study Misrepresentation on Social media
- Falsely claiming job offers or school admissions
- Advertising work in the U.S. without authorization
- Illegal or Risky Activities Seen on Social Media
- Mentions or Images of Drug Use (even if legal elsewhere)
- References to crime, violence, or fraud
All this vetting causes delays, and foreign nationals should be mindful of this during the holiday travel.
In addition, if you are travelling and applying for a visa, consider adjusting the privacy settings on all your social media profiles to “public.” The DoS has previously warned that keeping portions of social media accounts private or the lack of an online or social media presence can lead to an adverse inference in some situations.
A May 2025 DoS cable that was reported by the media confirmed that the U.S. consular officers were directed to vet social media for mainly “hostile attitudes” towards the U.S. If perceived derogatory information is found, the consular officer can refuse the application or call the applicant back for a follow-up interview.
Please keep in mind that inconsistencies between your online information and visa application details could result in delays or adverse decisions.
