In a policy cable dated 2 December and made public on 4 December, the State Department instructed consular posts to conduct “enhanced free-speech vetting” of all H-1B and H-4 visa applicants. Officers must now review résumés, publications and social-media profiles to determine whether an applicant has ever been employed in “censorship, content-moderation or misinformation control that restricted lawful U.S. expression.” If so, the individual can be found inadmissible under INA §212(a)(3)(A) as a potential violator of First-Amendment values.
The directive applies worldwide and covers renewals as well as first-time applicants. Consulates have been given discretion to request screenshots or explanations of past job duties and to refuse visas if the applicant’s work “materially contributed” to silencing protected speech. Families accompanying the principal worker are subject to the same scrutiny.
![State Department Orders Enhanced Social-Media Vetting for H-1B Visa Applicants]()
Technology firms—already adjusting to the $100,000 annual H-1B fee announced in September—warn that the measure will slow recruiting cycles and increase RFEs (Requests for Evidence). Immigration attorneys advise employers to prepare detailed letters explaining why a candidate’s prior role (for example, trust-and-safety work) does not meet the censorship threshold.
While the policy nominally protects U.S. free speech, critics argue it is vaguely drafted and risks politicizing the visa process. Because the instruction comes via cable rather than regulation, it takes effect immediately and without a public comment period.
Action items for mobility teams: review pending H-1B cases for any content-moderation duties; brief candidates on possible interview questions; and build extra lead time into onboarding calendars given the likelihood of administrative processing delays.
The directive applies worldwide and covers renewals as well as first-time applicants. Consulates have been given discretion to request screenshots or explanations of past job duties and to refuse visas if the applicant’s work “materially contributed” to silencing protected speech. Families accompanying the principal worker are subject to the same scrutiny.
Technology firms—already adjusting to the $100,000 annual H-1B fee announced in September—warn that the measure will slow recruiting cycles and increase RFEs (Requests for Evidence). Immigration attorneys advise employers to prepare detailed letters explaining why a candidate’s prior role (for example, trust-and-safety work) does not meet the censorship threshold.
While the policy nominally protects U.S. free speech, critics argue it is vaguely drafted and risks politicizing the visa process. Because the instruction comes via cable rather than regulation, it takes effect immediately and without a public comment period.
Action items for mobility teams: review pending H-1B cases for any content-moderation duties; brief candidates on possible interview questions; and build extra lead time into onboarding calendars given the likelihood of administrative processing delays.
