The Trump Administration recently announced wide-ranging immigration policy changes that directly impact most employer-sponsored visa holders. While each update may seem minor or only pertinent to specific cases, they amount to notable changes when viewed collectively. The latest developments highlight the critical importance of staying informed of immigration changes and reviewing internal practices to ensure immigration compliance. Below is a summary of changes most likely to impact companies and their visa-holding employees. 

1. H-1B visa stamping now requires social media vetting, causing significant delays and appointment cancellations in India

• All H-1B and H-4 visa applicants are subject to mandatory social media vetting, requiring that applicants set their social media profiles to public. This is an expansion of the social media vetting announced earlier in the year for student visa applicants.
• This change in policy does not impact USCIS filings and only applies to applicants for visa stamps at US Embassies or Consulates outside of the United States.
• There have been widespread reports of H-1B visa appointments being cancelled and rescheduled due to the change in policy, particularly in India.

Key Takeaway   

Employers and employees should be prepared for H-1B and H-4 visa stamping to take longer due to this new process. Employers should know their visa population including H-1B (and H-4) employees who will travel for visa stamping given the possibility of cancellation and/or delay. Employers should have clear policy guidelines regarding remote work and consider contingency plans due to an employee’s extended absence abroad.