Last Wednesday, June 18th, the Trump administration allowed for the resumption of consulate and embassy appointments for foreign nationals seeking J-1 visas (along with student visas). The resumption of visa appointments comes as a huge relief to employers that rely on J-1 visa holders to properly staff their organizations. The allowance of those seeking J-1 visas comes with some new requirements, though – specifically, a new social media vetting process to identify any applicants who may be “hostile” towards to the U.S.
As background, the U.S. embassy and consulate step is an integral part of the visa process. Any person outside of the United States (with the general exception of Canadian citizens) are required to attend a U.S. embassy or consulate appointment to have their U.S. visa issued to them. At this step, the U.S. government checks the visa applicant’s qualifications to come to the United States, including whether the person represents a security threat to the U.S. In May, the Trump administration stopped allowing new J-1 and F-1 student visa applicants to book appointments at U.S. consulates and embassies for visa issuance.
Very importantly, H-2B visa applicants are not subject to the new social media vetting requirements that will now be imposed on J-1 visa applicants.
Why are the U.S. embassies and consulates now vetting the social media accounts of J-1 visa applicants?
In a State Department cable, consular officers are directed to review applicants’ online presence and flag any “advocacy for, aid or support for foreign terrorist or other threats to U.S. national security.” The cable also directs consular officers to flag “applicants who demonstrate a history of political activism.” Specifically, the political activism that could be flagged includes any social media posts that indicate a support for Palestinians and criticism of Israel’s conduct in the war in Gaza.
The cable further states that the discovery of online content that shows “any indication of hostility towards the citizens, culture, government, institutions or founding principles of the United States” is subject to additional review. Time will tell if the additional focus on social media accounts will lead to more J-1 visa denials.
Potential delays in obtaining J-1 consulate and embassy appointments
It is currently unknown if there will be delays in being able to book appointments for J-1 visa applicants due to (1) the long pause that we just experienced in available appointments, and (2) the additional work on consulate and embassy officials by requiring the new social media screening for J-1 visa applicants.
Importantly, the State Department cable that allowed for the resumption of appointments also allowed the consulates and embassies to book fewer visa appointments going forward due to the demands of the new vetting requirements. Per the State Department cable, “posts should consider overall scheduling volume and the resource demands of appropriate vetting; posts might need to schedule fewer FMJ cases than they did previously,”
Additionally, the U.S. Department of State is prioritizing the booking of appointments for foreign-born physicians participating in medical programs in the U.S. over other types of J-1 and F-1 student visa appointments.
In short, due to the above, even though the J-1 visa pause has been lifted, it may still be very difficult to book appointments for your J-1 visa workers.
Takeaways for Employers
Currently the new social media vetting process is only for students, medical personnel and exchange visitors (visa classifications: F, M, and J). Therefore, the H-2B visa program is currently unaffected by the new initiative to vet social media accounts. Even though H-2B visas are not subject to the new requirements, being overly cautious is not a bad strategy to employ in these changing times. Therefore, we encourage employers to be in communication with both their J-1 visa holders and H-2B visa holders about their social media content to better ensure future immigration benefits.
Finally, we urge you to push on your J-1 visa providers to be realistic about when J-1 visa workers are likely to arrive and what they are seeing in terms of booking appointments at U.S. consulates and embassies for J-1 visa workers. Now is the time for them to be honest, transparent, and realistic with you to ensure that you understand when your J-1 visa workforce can and will arrive for the season.
Please do not hesitate to reach out with any questions.
Thank you,
Keith and the Pabian Law team