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.
"A new regulation by the US Department of State, which came into effect from May 31, 2019 required disclosure of social media accounts and user names when applying for non-immigrant visas – such as for travel or work. In the proposed rule, issued by the USCIS, 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,” said an immigration expert attached to a technology company.
“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.
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
|