Increased Vettings on H-1B Visa: Now LinkedIn Profile is Also Under Scrutiny!

On Wednesday, the Trump administration imposed a fresh measure of vetting on the H-1B visa, which remains the latest to date. The crux of this vetting is stated in an internal State Department memo, saying that anyone involved in “censorship” of free speech would be considered a potential rejection. Now this increased vetting comes with a twist: it will also include screening and vetting of the applicant’s LinkedIn profile and resume.

We are already aware of the significance of H-1B visas and how they remain the most widespread visa programme to be used by foreign talent to land a job in the U.S. Aside from the imposed fee, this remains one of the strongest measures imposed on this visa programme.

As one of the leading EB-1 experts, here, we have analysed this important piece of news in detail.

Everything we know about the extent of new H-1B vetting

The new order has come from a cable sent to all U.S. missions on December 2, which has ordered the U.S. consular officer to review all resumes or LinkedIn profiles of the H-1B applicants, along with their family members. The command is to actively check whether they have worked in areas that include activities such as misinformation, disinformation, fact-checking, compliance, and online safety, among others. To quote the cable: "If you uncover evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States, you should pursue a finding that the applicant is ineligible."

Furthermore, according to a report by Reuters, this cable revealed that all visa applicants were subject to this policy. However, it emphasised a heightened review for the H-1B applicants. The reason behind it, according to the cable, is that most H-1B applicants frequently work in the technology sector, “including in social media or financial services companies involved in the suppression of protected expression.” In line with this argument, the cable asked the officials to “Thoroughly explore their employment histories to ensure no participation in such activities.”

According to the reports by several outlets, these new vetting requirements apply to both the new and repeat applicants.

What is the underlying cause behind this fresh set of vetting?

The underlying cause behind this fresh set of vetting might be quite puzzling at first glance. However, the report by Reuters has shed some light on this issue. According to them, a State Department Spokesperson has commented on this imposition in the following terms:

"We do not support aliens coming to the United States to work as censors muzzling Americans."

Furthermore, they said, in explanation of this imposition: "In the past, the President himself was the victim of this kind of abuse when social media companies locked his accounts. He does not want other Americans to suffer this way. Allowing foreigners to lead this type of censorship would both insult and injure the American people."

This remains consistent with the administration’s previous policies and actions. It is crucial to note that the Trump administration has made ‘Freedom of speech’ or what they consider an opposition to conservative voices online, a central pivot of its foreign policy. Previously, we have witnessed the reflection of the same policy in social media vetting for students.

For more updates, insights, and analytics, stay tuned to our blog section. As one of the leading EB-1A consultants, we are constantly staying updated on all the latest policies and legal changes.