Enhanced Vetting of Visa Applicants and Beneficiaries in the U.S. and Abroad: U.S. Consulates Direct Certain Applicants to Adjust Social Media Profiles

U.S. Consulates abroad have begun directing certain visa applicants to adjust privacy settings on all social media profiles to “public” in steps taken to comply with Department of State’s earlier directive that F-1, M and J visa eligibility will be subject to enhanced vetting and review of social media.

This comes at a time where we see continued directives and adjustments in U.S. immigration policy domestically to further define and direct the scope and discretion of U.S. Citizenship and Immigration Services (USCIS) to review certain immigration benefits.  USCIS recently updated its Policy Manual to reinforce discretionary authority with regard to determinations on eligibility for certain immigration benefits with further guidelines to USCIS officers on how to apply discretion in their review of specific case types. These updates have been outlined in Policy Alert Clarifying Discretionary Factors in Certain Immigration Benefit Requests” (PA-2025-16) issued on August 19, 2025.

USCIS has always held the authority to make discretionary determinations with regard to eligibility for immigration benefits, such as applications for U.S. permanent residence (Green Card), applications for extension and change of nonimmigrant (temporary) visa status, among others, based on factors outside of the threshold eligibility requirements. However, the updates to the Policy Manual, provide further clarification and specific direction with regard to how this discretionary authority should be exercised:

Review of conduct that could be considered Anti-American and Antisemitic

Immigrations officers are directed to consider an applicant’s endorsement, promotion, or support of anti-American or terrorist organizations and ideologies, including antisemitic terrorism and ideologies, as an “overwhelmingly negative factor” in their discretionary analysis.  Specifically, officers are directed to deny benefits through the application of their discretionary authority to such applicants.

The review of engagement or association with terrorist organizations has always been a part of the review of certain applications.  The new updates to the Policy Manual, however, appear to expand review beyond direct participation or affiliation with a terrorist group to any activity that could be deemed as endorsing, promoting, supporting, or otherwise espousing anti-American or antisemitic ideologies. Without further clarification on what constitutes these ideologies, individual USCIS officers are granted the authority to make subjective determinations when applying this discretionary authority.

Review of Prior Admission to the U.S.

Additionally, immigration officers are directed to particularly review whether an applicant’s previous admissions or paroles into the U.S. were “made in accordance with all applicable laws, regulations, and policies in effect at the time.”  The specific update to the USCIS Policy Manual indicates that an applicant’s knowledge of false or fraudulent information in the underlying application that is used as the basis for entry to the U.S. would be a negative discretionary factor that could lead to denial of the application.

Exercise of Discretion in Nonimmigrant Visa Petitions

In applications to extend or change nonimmigrant visa status USCIS also holds discretionary authority to review factors outside of the standard eligibility requirements for the requested visa category. The existing discretionary authority is reinforced and officers are referred to apply the same standards that are applied in permanent cases, including the newly added consideration of any activity that could be deemed anti-American and antisemitic. These standards are also explicitly stated with regard to reinstatement of F or M nonimmigrant student status and in employment authorization requests.

Other updates

Of note, the updates to the Policy Manual confirm that in connection with employment-based cases, the exercise of discretion should only be applied to petitions requesting a National Interest Waiver. It also clarifies how discretion is applied in the adjudication of certain EB-5 investor petitions, specifically in cases involving threats to national interest, fraud, or criminal misuse.

What Employers Should Know

While USCIS officers have always held discretionary authority in connection with their review of certain petitions and applications, the addition of the broad language regarding activities that could be viewed as anti-American or antisemtic could result in heightened vetting and denials of immigration benefits for otherwise qualified applicants.