When individuals desire to enter the United States, whether for business, work, school, pleasure, or any other purpose, one must have a stated purpose and often an employer or family sponsor. Other than Canadians who are “visa exempt” and certain visitors using the ESTA program, individuals must apply and obtain a nonimmigrant visa stamp/sticker in their passports before entering the United States. The application process includes an interview to determine whether the individual’s application meets the specific requirements of the nonimmigrant visa classification. Background checks have been standard procedure, but the Department of State (DOS) is now explicitly requiring certain applicants to go one step further.
In combination with directives effective on December 15, 2025 and on June 18, 2025, DOS has added a list of other nonimmigrant visa classifications that will require applicants to set their privacy settings on all social media accounts to “public” or “open” to facilitate DOS screening. As of March 30, 2026, the following are the nonimmigrant visa categories subject to this requirement. Please note that applying for a nonimmigrant visa classification not listed below does not mean that one is exempt from DOS screening. We anticipate that the list will continue to grow.
F-1 (international academic students)
M-1 (international non-academic students)
J-1 (exchange visitors, research scholars, trainees, interns, etc.)
H-1B (specialty occupation professionals)
H-4 (dependents of H-1Bs)
A-3 (personal employees of diplomats and government officials)
C-3 (if a domestic worker)
G-5 (personal employees of officials of international organizations)
H-3 (certain trainees)
H-4 dependents of H-3
K-1 (fiancé/fiancée)
K-2 (minor children of K-1)
K-3 (visa for foreign spouse of US citizen)
Q (cultural exchange worker)
R-1 (religious workers)
R-2 (dependents of religious workers)
S (informants or witnesses assisting law enforcement)
T (victims of human trafficking)
U (victims of certain crimes)
We believe that similar screenings and requirements will soon be adopted by other immigration-related agencies, such as the United States Citizenship and Immigration Services (USCIS). USCIS has a number of revised forms pending approval and issuance which contain social media related questions. Stay with us as we monitor and update you with the latest developments.
The above information has been provided for educational purposes. Please consult your Clark Lau LLC attorney to determine how the above applies to you. Thank you.