Federal Register Visa Social Media

• Introduction
• Effective Engagement and Affected Forms
• Defining a Social Media Handle or Identifier
• What Information is Being Requested Regarding Social Media Handles and Identifiers?
• Other New Information Requests
• Who Is Afflicted past the Change?
• Conclusion

Introduction

On May 31, 2019, the Department of State (DOS) updated its immigrant and nonimmigrant visa application forms to include a request for social media identifiers and other boosted information from the bulk of U.S. visa applicants [PDF version]. Nosotros discussed the previously issued Federal Annals notices proposing the new data collections in a 2018 blog mail [see web log]. The policy changes stalk from a Presidential Memorandum issued past President Donald Trump in March 2017, which we likewise talk over on site [run into blog].

In this commodity, nosotros will examine an FAQ document issued by the DOS on June 4, 2019, about the new social media identifier questions in the Forms DS-160 and DS-260 [PDF version]. We volition too examine the original Federal Annals notices published on March xxx, 2018, at 83 FR 13806-13807 (immigrant visa applications) [PDF version] and 83 FR 13807-13808 (nonimmigrant visa applications) [PDF version].

To acquire nigh related issues, delight encounter our website's full section on Consular Processing [see category].

Effective Engagement and Affected Forms

The DOS published updated versions of the Course DS-160 (online nonimmigrant visa application), Form DS-156 (paper redundancy version of the DS-160), and the Form DS-260 (online immigrant visa awarding) on May 31, 2019. The new versions of the forms include the new questions nearly social media handles and identifiers.

Defining a Social Media Handle or Identifier

The FAQ defines "[a] social media 'handle' or 'identifier' is whatsoever proper name used past the individual on social media platforms including, but not limited to, Facebook, Twitter, and Instagram." The Forms DS-160 (and DS-156) and DS-260 include a list of social media networks for which social media handles and identifiers are requested by the DOS. Thus, applicants should carefully survey the listing of social media networks on the applicable form.

What Information is Existence Requested Regarding Social Media Handles and Identifiers?

The two Federal Annals notices explained that the question regarding social media identifiers "lists multiple social media platforms and requires the applicant to provide any identifiers used … during the five years preceding the engagement of the awarding."

The FAQ makes clear that "[a]pplicants must provide all identifiers used for all listed platforms." This ways that if an applicant has multiple handles or identifiers for a single listed social media platform, he or she must list all such handles or identifiers from the previous five-twelvemonth period — in accord with the grade instructions.

It is of import to add that the DOS is not requesting social media passwords. The FAQ states that it is "looking solely for social media identifiers."

Visa applicants who have non used any of the listed social media accounts within the previous five years volition still have to answer the questions about social media handles and identifiers, simply may respond with "None." Applicants who practice not currently use any of the platforms must still list whatsoever handles and identifiers if they have used any of the listed platforms within the previous five years (e.g., an applicant for a visa in June 2019 who had a Facebook account until June 2016 — before deleting it — would have to list his or her handle(s) or identifier(south) from that deleted account from June 2014-June 2016). An bidder who has not used whatsoever of the social media platforms and who truthfully answers the questions "volition non exist refused on the basis of failing to provide a social media identifier." However, "[f]ailure to provide accurate and truthful responses on a visa awarding or during a visa interview may result in denial of the visa past a consular officer."

Other New Information Requests

As we detailed on our post on the Federal Register notices in 2018, the DOS is also requesting boosted information from most applicants beyond social media handles and social media identifiers. The other information requests are equally follows:

Five years of previously used telephone numbers;
5 years of previously used electronic mail addresses;
Five years of international travel;
All prior immigration violations; and
Whether specified family members accept been involved in terrorist activities.

Who Is Afflicted by the Change?

All nonimmigrant visa applicants applying for visas abroad with the DOS will accept to answer the social media handle or identifier questions except for applicants applying for visas in the following categories:

A1
A2
C2
C3 (except attendants, servants, or personal employees of accredited officials)
G1
G2
G3
G4
NATO1
NATO2
NATO3
NATO4
NATO5
 NATO6

Since participants in the Visa Waiver Program are by definition non applying for visas, they are likewise unaffected past the changes to the Forms DS-160 and DS-156. Applicants for B1 and B2 nonimmigrant visitor visas, even so, are affected by the new rules.

Conclusion

The DOS has implemented its social media vetting questions, in addition to several other new information collections questions, only over 1 twelvemonth after they were proposed and two years later on President Trump's directives to the DOS and several other Federal agencies. Regarding social media, the questions require visa applicants seeking visas away to list all social media handles and identifiers from specified social media platforms from the five years immediately preceding the nonimmigrant or immigrant visa application. It is just every bit important for applicants to be truthful in answering these questions equally information technology is for them to exist true in completing the entire Form DS-160 or Course DS-260.

The DOS FAQ indicates that the questions "volition exist used for identity resolution and to determine whether the applicant is eligible for a U.Due south. visa nether U.S. law." The DOS states that the data gleaned from the applicant'southward questions volition non be used for other purposes.

Applicants with questions nearly the Form DS-160 or Class DS-260 instructions, including regarding social media or any of the other new questions, should consult with an experienced immigration attorney for example-specific guidance.

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