Immigration Update: H-1B & H-4 Visa Processing Delays and New Social Media Vetting Standards

We are monitoring significant scheduling changes for H-1B and H-4 visa appointments, with interviews originally set for mid-December 2025 now being cancelled and moved as far out as April 2026.

These disruptions appear tied to the Department of State’s new mandatory online presence review, effective December 15, 2025, which requires H-1B and H-4 visa applicants at consular posts to set their social media accounts to a public setting.

By way of background, in June 2025, the State Department rolled out a similar framework for F, M, and J students and exchange visitors, and the inclusion of H-1B and H-4 applicants marks the first expansion of that policy. The Department has indicated that this online presence review covers:

• Social media accounts and activity
• Other information about the applicant in online databases and on websites

The recent announcement does not describe the exact standard Consular Officers will use when reviewing H-1B and H-4 online presence. However, H categories are being folded into the policy already in place for F, M, and J applicants, and several details about that policy were described in media reporting in the spring regarding a June 2025 State Department cable to consular posts.

According to the State Department’s previous cable, Consular Officers are instructed as follows:

• Applicants will be directed to set their social media accounts to a public setting. If an applicant keeps portions of their account private or limited, officers may draw a negative inference about the applicant’s credibility.
• The Department has also warned that a complete lack of online or social media presence can, in some situations, support a negative inference.
• Officers are directed to scrutinize online presence for:
  • Indications of “hostility toward the citizens, culture, government, institutions, or founding principles of the United States”
  • Indications that an applicant advocated for, aided, or supported designated foreign terrorists and other national security threats, or “perpetrate[d] unlawful antisemitic harassment or violence”
  • Indications that an applicant might “steal technical information, exploit U.S. research and development, and spread false information for political or other reasons”
  • Whether an applicant “demonstrate[s] a history of political activism” and whether there is a “likelihood they would continue such activity in the United States”

If Consular Officers identify information they view as derogatory, they can refuse the application outright or require the applicant to appear for a follow-up interview. Discovery of such content can also trigger additional review to determine whether the foreign national will respect U.S. laws and engage only in activities consistent with their nonimmigrant status.

Media outlets that reportedly reviewed the State Department cable addressing the online presence policy as applied to H-1B and H-4 applicants indicate that the key focus for these categories is whether the applicant has been responsible for, or complicit in, the “censorship or attempted censorship” of U.S. citizens at any point in their employment or personal history.

Employers and affected foreign nationals should expect that H-1B and H-4 visa appointment availability will tighten as consular posts absorb the additional work associated with the online presence review.

The new vetting standards increase the likelihood that some applicants will be flagged for lengthy background checks and additional security review. In practice, this can mean:

• Longer waits between the visa interview and visa issuance
• More frequent follow-up interviews
• A higher incidence of visa refusal where consular officers conclude that online content is derogatory or inconsistent with the stated purpose of travel

H-1B visa applicants facing possible delays should stay in close contact with their employer and immigration counsel. Any foreign national planning international travel, whether they already hold a valid visa or will need to apply for a new one, should review these online presence issues and timing risks carefully before finalizing plans to travel abroad.