Immigration Law Insights

H-1B and H-4 visa applicants have joined the growing list of visa categories subject to the Department of State’s “online presence review.”  Starting December 15, 2025, H-1B and H-4 visa applicants, including those applying for an extension, will be subject to a review of their online presence, including social media accounts, as part of the visa application process.  Applicants will be required to update their social media accounts to “public” and may expect delays in appointment availability and visa issuance.  This announcement follows the same operational change in the F, M, and J student visa categories (including their dependents) implemented in June of this year.  The new procedure adds a significant amount of time to the vetting process and may result in month-long delays when scheduling a visa appointment, particularly at higher volume posts (India, for example), although others may also be affected.

The new rule is already impacting H-1B and H-4 visa applicants in the form of interview rescheduling.  In recent days, multiple Consular posts have notified applicants that initial appointment dates must be rescheduled due to operational constraints.  Many H-1B interviews have been rescheduled to March 2026, with others rescheduled to as late as June 2026.  Applicants can expect interview wait times to expand in the first quarter of 2026 given the Department of State also ended almost all visa interview waiver procedures at Consular posts. 

How should employers and employees prepare?

• Employers should communicate that travel abroad may result in an extend absence from the United States. Employees who plan to travel during the holiday season and obtain a new H-1B visa abroad should reconsider their plans. Those who have already departed the United States or who are unable to change their travel plans should closely monitor any scheduled visa appointments and be prepared to remain abroad for several weeks.
• Employers should consider if international remote work options are available in the event an employee is delayed returning to the U.S. Employers should also make proactive arrangements for such remote work in case it is deemed necessary.
• If a delayed return to the United States is unavoidable, employers may consult with immigration counsel to see if other visa options not impacted by the online presence review are available.
• Employees should closely monitor the Embassy/Consulate website during the holiday season to confirm any office closures that may exacerbate delays.
• Employers should ensure impacted foreign national workers are aware of the impact of social media activity.

The Burr Immigration team will continue to monitor for additional updates from the Department of State.