Tourists May Need to Show Five Years of Social Media History to the US Administration

International tourists intending to travel to the U.S. could also face social media scrutiny, which, according to several outlets, can now reach up to five years of social media history screening and vetting. And, this security protocol now may as well function like nothing less than a condition of entry. This new condition, in all likelihood, will affect all the international tourists, even if they are eligible to visit the US for 90 days without a visa.

As always, our EB-1A consultants have analysed the news in all the details along with providing expert insights.

What is the bigger context behind social media vetting for tourists?

Since its inception, the Trump administration has been continually tightening the US border security. And, in a recent announcement, USCIS has intensified this social media vettingsocial media vetting to the extent of screening LinkedIn and Facebook profiles. This, in turn, caused a great deal of panic and led to the postponement of many visa appointments.

Trump was asked by the BBC whether this proposal could lead to a dramatic drop-off in tourism to the US. Trump responded, saying he is not particularly concerned about this issue. The U.S. President also remarked the following in response to the question: "No. We're doing so well. We just want people to come over here and be safe. We want safety. We want security. We want to make sure we're not letting the wrong people enter our country.”

Interestingly, the US already expects a major influx of foreign tourists in the upcoming year since it is about to host the men’s football World Cup alongside Mexico & Canada. Hence, the rule is likely to apply to all the incoming tourists and visitors according to the proposal document, signed and filed by the Department of Homeland Security and its other component agency, Customs and Border Protection (CBP). The entire details of the policy have also been published in the Federal Register, i.e., the official journal of the US government.

What exactly does the proposal say about tourists?

The proposal explicitly states that the data element will require the ESTA applicants to provide their social media details from the last five years. The ESTA stands for the Electronic System for Travel Authorization form. Every tourist coming to the U.S. needs to fill out this form.

The previous ESTA (Before the policy was implemented) did not require all this information, along with social media vetting. And, it only asked for a one-off payment of $40 (£30). The ESTA is open to citizens from around 40 countries, including the UK, Ireland, France, Australia, and Japan. Alongside the collection of social media information, the new document also requires the applicant’s telephone numbers and email addresses that have been used over the last five to ten years.

The text also cites an authorization and executive order from Trump in January under the following title, “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.”

Is this already a law?

As a matter of fact, the policy is a proposal and invites public opinion for the next 60 days. This proposal has already been criticized by many, most notably Sophia Cope, from the digital rights organisation, the Electronic Frontier Foundation. According to the New York Times, she reportedly said: This policy could “exacerbate civil liberties harms.” However, we will also have to keep in mind that social media vettingis already active for immigrants and foreign nationals. Moreover, recently, an announcement has surfaced on the website for the US Embassy and Consulate in Mexico States that urges all visa applicants to list all their social media usernames or links of every platform they have used in the last five years.

Stay tuned to our blog section to get regular updates on the changing visa landscape. Our EB1 experts dedicatedly mentor extraordinary ability applicants at the utmost personalized level. Hence, for any U.S. immigration-related queries, you can directly get in touch with us today.