New Trump Social Media Screening Requirements For Immigrant Applications Not As New As They May Seem

By Daniel J. Healy (CEO, Civitas Capital Group) and Phuong Le (Partner, KLDP immigration advisors)

In recent days, U.S. policy changes coming to light are causing concern among Chinese citizens who are considering applying for, are in the process of applying for, or are currently on student visas to the United States. To recap:

• U.S. embassies have been told to pause scheduling new student visa interviews while expanding social-media screening for all applicants. These changes likely mean longer delays and increased uncertainty for F-1 visa seekers.
• U.S. policy is tightening particularly on Chinese nationals. The State Department has publicly vowed to “aggressively” revoke the visas of Chinese students, especially those with Communist Party ties or studying in sensitive fields. There is no way to know how many students this could affect – about 277,000 studied in the U.S. last year – but no matter the final number, such likely will make the status of F-1 visas far less predictable.

These disruptions could carry real consequences. International students may see studies interrupted or plans delayed indefinitely. Universities fear revenue shortfalls and campus disruptions. Immigration attorneys and agents are suggesting in online posts that clients’ F-1 visas applications are likely to require extra documentation and even scheduled interview slots could be canceled.
It’s therefore understandable that many of our firms’ clients, investors, and partners are deeply concerned. Many have reached out to understand how this could affect not only student visa applications and potential revocations, but whether similar increased scrutiny could come about during other visa processes such as EB-5.

Civitas and KLDP believe the response to most stakeholders’ questions and concerns is to be patient and cautious: continue with your plans, but carefully wait and see where the cards lie over the next few weeks. It is worth remembering two important points:

• Despite these announcements, the Administration policy is still taking shape. Those who could be affected should continue to watch closely over the coming weeks, as will the Investor Relations team at Civitas and the immigration experts at KLDP.
• A quick history lesson offers another reason for calm: these two initiatives aren’t exactly new. Social media screening has been a Department of State requirement since 2019 for temporary visas and permanent residency requests.
• Similarly, USCIS first established a social media division in 2016, and implemented “extreme vetting” procedures in 2017 during the first Trump Administration. In 2020, USCIS issued new guidance on when a person’s membership or affiliation with a country of origin’s ruling party rose to a “meaningful” level, affecting visa applicants from countries under Communist rule, including China and Vietnam. In short, it wasn’t a blanket ban, but rather a targeted effort focused on those with meaningful or substantial political activities. President Trump’s recent executive order is essentially a formalization of previous similar practices.

It remains to be seen whether these measures will persist – and whether they pose any real disruption to the future of student visas. However, we are pragmatic optimists. We believe the Administration’s objective here is to put the world on notice, loud and clear as usual, that it will use extreme vetting to weed out actual bad apples or state actors. Once the dust settles, we believe their focus will prove to be on eliminating actual threats, and that families and students will continue to be welcome to the U.S. This is fully consistent with the President’s agenda for American prosperity, as he made clear last summer:

“What I want to do, and what I will do, is — you graduate from a college, I think you should get automatically, as part of your diploma, a green card to be able to stay in this country.”
— President Donald J. Trump, June 21, 2024

As with all immigration policy ideas, this one has its supporters and its detractors, and it’s much easier said than done. The point is that focusing enhanced vetting on students with material ties to the Chinese Communist Party is neither new nor inconsistent with the President’s desire to usher in a new American Golden Age. We think President Trump is well aware that to succeed at this, the United States must remain a magnet for the world’s top talent. In the meantime, we know that, thanks to concurrent filing options, those who are considering or currently on a student visa journey can still explore other visa options, including EB-5 – as a first choice, next choice, or safe-haven backup.

If you have questions, please email our Investor Relations team at [email protected], or contact Phuong and his team at [email protected]. We are happy to help explain your visa options during this uncertain period.