Think Before You Post, Like, or Share: How Social Media Is Becoming a Liability for Foreign Nationals

     Since taking office in January, the Trump Administration has swiftly moved to integrate social media monitoring into immigration vetting, raising serious concerns for visa applicants, students, and even foreign nationals who are already legally in the United States. News reports, official policy memos, federal register notices, and unpublished internal bulletins all highlight that the different immigration agencies’ efforts will not be limited to looking for antisemitic or pro-Palestinian materials but also will apply to broader content that the Administration may view as defamatory, embarrassing, or anti-American, all under the guise of national security.

     Although the Trump Administration claims to champion freedom of speech, these policies suggest an interest in incorporating ideology into the vetting process of foreign nationals, requiring that said foreign nationals support, or at least don’t disparage or indicate support for opposing organizations of, the Administration's policies, practices, and ideas.

     This blog post provides an overview of recent policy changes and offers practical guidance to foreign nationals on minimizing immigration risks related to social media use and electronic device searches.

1.  Social Media is Becoming a Liability

  A.  Student Visas are Receiving a Lot of Scrutiny

     The news has been riddled with accounts of students having their visas revoked, being put into removal proceedings, and/or being denied new visas or admission to the United States. A leaked cable from the State Department reveals that consular officers are instructed to:

• Refer student visa applicants for social media screening if:

          a)  They were previously in F/M/J status in the U.S. between October 7, 2023, and August 31, 2024;

          b)  Their SEVIS record was terminated in that period; or

          c)  The officer believes the applicant has endorsed, supported, or a designated foreign terrorist organization. A list of these organizations can be found here: https://www.state.gov/foreign-terrorist-organizations/

• Take screenshots of social media activity and attach them to the applicant's case file if derogatory content is found, which presumably will become a part of the foreign national’s permanent record.

• Consider denial or revocation under several sections of the Immigration and Nationality Act (the “INA”) based on social media findings.

     The cable tells consular officers that applicants for student visas must credibly demonstrate that all activities in which they intend to engage must be in furtherance of their visa’s requirement that they be engaged in a ‘full course’ of study. It goes even further states that even planned activities or statements that may not fall under the definition of “terrorist activity” in the INA may be used to question a visa applicant’s credibility, purpose of travel, or character. Expressing a “hostile attitude” toward U.S. institutions or values—however broadly defined by the individual officer reviewing the statements—may be grounds for visa refusal.

     Finally, the cable states that if later derogatory information becomes available then consular officers may have grounds to revoke the student visa.

  B.  USCIS Will Begin to Review Social Media for Some Immigration Benefits

     Unfortunately, the review of social media accounts has expanded beyond the State Department and student visas. On April 9, 2025, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will begin screening social media profiles for antisemitic content as part of its adjudication of applications for lawful permanent resident status, foreign students, and foreign nationals affiliated with educational institutions linked to antisemitic activity. The review will look for indicators that a foreign national has endorsed, espoused, promoted, or supported antisemitic activities or organizations, including Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.” It is also likely that they will look activities related to any of designated terrorist organizations mentioned above, or other organizations like them. A list of these organizations can be found here: https://www.state.gov/foreign-terrorist-organizations/

     Furthermore, on March 5, 2025, the Trump Administration published notice in the Federal Register seeking comments on USCIS revising forms to collect social media handles and associated social media platforms. As a result, foreign nationals should expect that review of social media accounts will expand beyond the above-mentioned immigration processes, as well as merely for review of antisemitic activity. It is not unreasonable to expect immigration officers to begin to screen for similar hostile attitudes and promotions of activities that run counter to administration objectives that student visa applicants currently receive.

2. Your Devices Are Not Off Limits to Searching

     Social media isn’t the only threat to foreign nationals who may have expressed sympathy for ideologies that run counter to the Trump Administration’s. U.S. Customs and Border Protection (“CBP”) maintains the authority to search electronic devices at the border without a warrant or suspicion.

     As outlined in AILA’s “Electronic Device Searches at U.S. Ports of Entry” flyer, CBP can: 

• Demand access to phones, laptops, tablets, and storage devices.

• Conduct basic or advanced searches of devices—even if you are a lawful visa holder.

• Deny entry if access is refused, particularly at preclearance locations abroad.

Practical Tip: Officers may not access cloud-based content unless you are logged into an app or website. Sign out of sensitive accounts before travel.

3.  Organizations are Using Artificial Intelligence to Identify Foreign Nationals at Protests

     In addition to government scrutiny, private organizations are actively identifying and reporting foreign nationals involved in protests, particularly those related to pro-Palestinian or anti-Israeli movements. These groups are employing advanced technologies and tactics, including:

• Facial Recognition Software: Some pro-Israel organizations have utilized facial recognition tools to identify individuals participating in campus demonstrations. Identified individuals' names have been submitted to federal authorities with the intent of prompting deportation proceedings.

• Public Reporting Initiatives: Groups have called upon their members and the public to report foreign students and faculty who express support for organizations like Hamas. For instance, Mothers Against Campus Antisemitism urged individuals to file complaints about such persons to Immigration and Customs Enforcement (“ICE”).

     These actions have raised significant concerns among international students and scholars, who fear that their participation in lawful protests could jeopardize their immigration status. It is also likely that these activities will expand beyond just protests about Israel and/or Palestine. The involvement of private entities in surveillance and reporting blurs the lines between public law enforcement and private activism, leading to potential overreach and misidentification.

4.  How Foreign Nationals Can Protect Themselves

     Below are concrete steps foreign nationals can take to safeguard their immigration status and avoid unnecessary risk:

     A.  Clean Up Your Social Media

• Delete or hide past posts expressing controversial political opinions, as well as unlike or unshare them if possible.

• Avoid sharing, liking, or reposting content from, or expressing support for, any foreign militant or political organizations.

• Remove posts that might be misconstrued as hostile to the U.S., even if made in jest.

• Consider deleting social media accounts or severely curtailing your use of them.

• If you have children or other family members who utilize social media, have them perform similar reviews of their online activities.

     B.  Travel Smart with Electronics

• Bring minimal devices and consider using a clean travel laptop or phone.

• Enable full-disk encryption and secure all devices with strong passwords.

• Power off devices before arrival at a U.S. port of entry and disable cloud syncing or auto-login features.

     C.  Exercise Caution in Public Demonstrations

• Be aware that participation in protests, especially those critical of U.S. allies or policies, may be monitored by both government agencies and private organizations.

• Understand the potential immigration consequences of being identified at such events.

• If you choose to participate, consider measures to protect your identity, such as avoiding photographs or videos where you can be clearly identified.

     D.  Stay Informed and Vigilant

• Monitor the email address you used for your visa application for potential revocation notices.

• If you believe your online activity may raise concerns, consult with an experienced immigration attorney before traveling or filing new applications.

5.  Final Thoughts

The rapid expansion of social media screening and the active involvement of private organizations in monitoring protest activities mark a fundamental shift in how U.S. immigration policy intersects with free expression and digital or public life. Even lawful visa holders are no longer insulated from scrutiny based on past or present online conduct or public demonstrations. While the policies currently emphasize antisemitism, the mechanisms are in place for broader ideological screening.

  Foreign nationals should exercise great caution in their online activity, public engagements, and device use when seeking to enter, remain in, or travel to the United States.

New Remote I-9 Document Verification Rule - Effective On August 1, 2023

Today DHS has published the final rule for the new I-9 alternative remote document verification procedures, which can be found here: https://www.federalregister.gov/d/2023-15533. The main takeaways of this new alternative form of document inspection are:

• Effective Date – The new procedure described below becomes available for use on August 1, 2023. Furthermore, as of the effective date employers must utilize the new Form I-9 for all new-hires, which can be downloaded here: https://www.uscis.gov/i-9. As of August 1st, prior versions of the Form I-9 will now longer be allowed.

• Qualifying Employers – This new, alternative procedure for document verification is currently only available to companies who are in good standing with E-Verify, and also only to either: (a) the hiring sites that are currently registered for E-Verify, or (b) new hires for remote, non-hybrid positions.

1. The company can pick and choose for each E-Verify registered hiring site whether to follow the in-person document inspection or the new alternative remote verification inspection. Whichever choice the employer makes must be followed for all new hires at that hiring site. Presumably if the company wants to later make a change on which method of document verification that they’d like to use, the changeover must be date-specific on when the changeover occur such that all new hires at that hiring site utilize the new procedure.

2. The remote verification procedure is also available to any new hires who will be in remote positions. New hires who will be in a hybrid in office and work from home position must follow whichever procedure the company chooses to use for that hiring site. including both workers who are completely in office or in a hybrid work from home arrangement.

• Document Retention - Qualified employers who use the alternative procedure must retain a clear and legible copy of all documents that were presented to and remotely examined by, the employer. Electronically storing this is fine, so long as the reproduction will meet the clear and legible standard.

• Description of the New, Alternative Procedure – Within three business days of an employee's first day of employment, a qualified employer (or an authorized representative acting on such an employer's behalf, such as a third-party vendor) who chooses to use the alternative procedure must:

1. Examine copies (front and back, if the document is two-sided) of Form I–9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine.

2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction.

3. Indicate on the Form I–9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable. Note: The new version of the Form I-9 will include a checkbox. As a reminder, all I-9s completed on or after August 1, 2023 must use the new version of the form.

4. Retain a clear and legible copy of the documentation (front and back if the documentation is two-sided).

5. In the event of a Form I–9 audit or investigation by a relevant federal government official, make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.

Feel free to reach out if you have any questions about this new alternative process, or if you have any other questions about the Form I-9.

USCIS to Open Registration for H-1B Cap Lottery Soon

The U.S. Citizenship & Immigration Services (“USCIS”) will be publishing information about the upcoming registration period for the H-1B Cap Lottery soon. The H-1B visa is a nonimmigrant classification that allows companies to employ foreign nationals in the United States who will be working in a ‘specialty occupation,’ i.e. a role that requires a Bachelor’s degree (or its equivalent) in a specific field of study. Due to its versatility, the H-1B visa classification is popular for employers. However, since 2004 the U.S. Congress has set a limit that only approximately 80,000 new H-1B visas may be issued each year.

Due to: (1) the U.S. government operating on a fiscal year that runs from October to September, (2) employers being allowed to apply for an H-1B visa up to six months in advance of the requested start date, and, (3) many more people applying for H-1B visas than there are available, e.g. last year they received 483,927 H-1B registrations for those 80,000 spots, USCIS runs a program where employers who would like to employ a foreign national pursuant to H-1B status must register that foreign national for a lottery that is held a little more than 6 months before the start of the next fiscal year, i.e. in late-March. If the worker is selected in the lottery, then the employer can file an H-1B petition on behalf of that foreign national between April and June.

While USCIS has not yet published the exact dates of the registration period for this coming fiscal year, we expect that they will soon. Over the past few years they have opened the registration period at the start of March and have kept it open for approximately two and a half weeks. Employers should therefore start identifying any foreign nationals who they may want to register for the H-1B Cap Lottery.

People to consider include:

• F-1 foreign students who have graduated and are employed pursuant to OPT employment authorization or who are graduating this Spring.

• J-1 foreign scholars or researchers.

• Foreign nationals in other nonimmigrant statuses that present intent or timing challenges for green card sponsorship (TN, H1B1, L-1 from countries subject to Immigrant Visa backlogs, and others).

• Foreign nationals in derivative H-4, E-1/E-2 or L-2 status with employment authorization which is tied to the continuing status of their H-1B/E-1/E-2/L-1 spouses.

• Foreign nationals who are currently living outside of the U.S.

Do not hesitate to Grant Godfrey should you have any questions.