Legal Updates

Ahead of the Holiday Travel Season, the DOS Expands Online Presence Review for H-1B/H-4 Visa Applicants

The Department of State (DOS) recently announced that starting on December 15, 2025, it will expand the requirement that an online presence review (also known as expanded vetting) be conducted for all H-1B applicants and their dependents, in addition to students and exchange visitors who are already subject to this review.  The DOS directive instructs H-1B and H-4 applicants, as well as F, M, and J applicants already subject to this vetting, to ensure that the privacy settings on their social media accounts are set to “public” to facilitate screening. Reuters has reported that a cable accompanied the announcement from DOS. The cable requires consular officers to review LinkedIn profiles or resumes of H-1B and H-4 visa applicants. Resumes are to be reviewed to see if the applicants or their family members have performed work in areas that include “activities such as misinformation, disinformation, fact-checking, compliance and online safety, among others.” The cable further states that if a consular officer “uncover[s] evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States, [they] should pursue a finding that the applicant is ineligible,” under the INA. The expanded vetting may contribute to delays in visa processing. 

Clients are reminded that while having a social media account is not required, removing or altering online information after filing may raise credibility or misrepresentation concerns. Contact us with questions about expanded vetting.

Reports of Visa Interviews Being Rescheduled

We have started to receive reports from foreign national employees concerning this new policy in practice. At least in Chennai, India, an employee with an upcoming appointment for H-1B visa processing received a notice cancelling his appointment. The notice referred to the online presence review for H-1B applicants and stated, “due to operational constraints related to processing these visas and to ensure that no applicants issued a visa pose a threat to U.S. national security or public safety, the U.S. Consulate in Chennai must reduce the number of applications each day.” Shortly thereafter, the employee received a notice rescheduling the appointment for a date in May 2026, or approximately 5 months after the initial appointment date.

In Another Move Intended to Increase Vetting of Foreign Nationals Working in the US, USCIS Reduces its Maximum Validity Period for EADs

U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens. According to USCIS, the reduced maximum validity periods will result in more frequent vetting of aliens who apply for authorization to work in the US. 

The maximum validity period for initial and renewal EADs will be changed from 5 years back to 18 months for several categories of aliens:

• Aliens admitted as refugees
• Aliens granted asylum
• Aliens granted withholding of deportation or removal
• Aliens with pending applications for asylum or withholding of removal
• Aliens with pending applications for adjustment of status under INA 245
• Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act

This change affects aliens with applications for employment authorization that are pending or filed on or after Dec. 5, 2025, and based on any of the above categories.

In the announcement of the updates to the Policy Manual, USCIS pointed out that pursuant to H.R. 1 - One Big Beautiful Bill Act, Public Law, the validity period for initial and renewal employment authorization documents will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter for the following categories:

• Aliens paroled as refugees
• Aliens granted TPS
• Aliens granted parole
• Aliens with a pending TPS application
• Alien spouse of entrepreneur parole