DOS Expands Online Vetting to H-1B and H-4 Applicants
Authored by Wendy R. Barlow, Esq.
Effective December 15, 2025, the Department of State (DOS) has significantly expanded its security vetting process, now mandating an extensive review of the online presence for all H-1B principal applicants and H-4 dependents.
This new directive represents a major shift in consular processing, adding a layer of security screening previously applied primarily to F, M, and J student visa applicants. Our team at Cohen, Tucker + Ades urges all affected clients to immediately review their public digital footprint and prepare for increased scrutiny.
🛑 The Core Changes: H-1B and H-4 Applicants Affected
The new directive, effective December 15, 2025, requires consular officers to actively examine applicants’ online content. The key components of this expanded review are as follows:
1. Mandatory Public Social Media Settings
The DOS cable explicitly instructs H-1B and H-4 applicants to ensure their social media accounts are set to “public.”
While creating a social media account is not required, privacy settings must be configured to facilitate the screening process. Attempting to remove or alter material online information after filing may raise credibility or misrepresentation concerns during the adjudication process.
2. Scrutiny of Employment History and Activities
Consular officers are now required to review LinkedIn profiles or resumes of H-1B and H-4 visa applicants.
Crucially, the review seeks to uncover any past work in areas that include, but are not limited to, “misinformation, disinformation, fact-checking, compliance and online safety.” This expands the focus beyond typical national security concerns into areas that may pertain to digital censorship or political activities.
3. The Censorship Ineligibility Clause
The cable further advises consular officers to pursue a finding of ineligibility under the Immigration and Nationality Act (INA) if they “uncover evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States.” This is a significant addition that frames the visa adjudication process as a national security decision.
✅ Guidance for Cohen, Tucker + Ades Clients
Due to the increased scrutiny, comprehensive preparation is now more critical than ever. We recommend the following proactive steps for all H-1B and H-4 applicants:
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Immediate Digital Audit: Work with our legal team to conduct a thorough review of all public-facing online content (social media, professional profiles, personal websites, blogs) to ensure consistency with the information provided on the DS-160 and employment documentation.
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Ensure Consistency: Verify that all employment details, job titles, educational history, and dates on your LinkedIn profile, resume, and other online documents match the information provided in your visa petition. Discrepancies, even minor ones, can trigger Request for Evidence (RFE), administrative processing, or further processing delays.
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Prepare for Delays: The expanded vetting process, particularly the review of extensive online activity, may contribute to delays in overall visa processing times. We advise setting expectations for extended timelines and planning accordingly.
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Avoid Concealment: While we can help you address unclear or potentially contradictory content, clients should be reminded that removing or significantly altering online information after a petition is filed could be interpreted as an attempt to conceal material facts.
If you have questions about how this new DOS directive impacts your pending or future H-1B or H-4 application, please contact your Cohen, Tucker + Ades attorney immediately.
Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.
Sources:
AILA | Practice Alert: DOS Expands Online Presence Review to H-1B and H-4 Visa Applicants
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