DOS Proposes Social Media Vetting and Other New Information Collections for Visa Applicants

Introduction

On March 30, 2018, the United States Citizenship and Immigration Services (USCIS) published two notices in the Federal Register (FR) regarding information collections for the Form DS-160 (and DS-156) and the DS-260. Individuals seeking nonimmigrant visas abroad must file the Form DS-160, while individuals seeking immigrant visas must fill out the Form DS-260. In both cases, the DOS proposes changes to the Forms DS-160 and DS-260. Interested members of the public have 60 days from the publication of the respective FR notices to submit comments on the proposed changes, which the DOS will subsequently take into consideration. The proposals have garnered interest because they both include questions regarding the social media histories of nonimmigrant and immigrant visa applicants. The DOS introduced social media vetting for a more limited class of visa applicants on June 5, 2017, which we discuss in a separate article [see article].

In this post, we will briefly examine the new proposed questions for the Forms DS-160 and DS-260 as well as other proposed changes relating to the limited use of the paper Form DS-156.

FR Notices

At 83 FR 13806 (Mar. 30, 2018) [PDF version], the DOS provided a notice of proposed changes to the the Form DS-260. At 83 FR 13807 (Mar. 30, 2018) [PDF version], the DOS provided notice of proposed changes to the Form DS-160 and DS-156. Interested members of the public have 60 days to submit comments on the proposed rule, which the DOS will take into consideration in crafting final revisions.

Proposed Social Media Vetting for Nonimmigrant and Immigrant Applicants

Regarding social media platforms, the DOS is proposing to ask applicants for immigrant and nonimmigrant visas for any identifiers associated with certain social media platforms they have used in the five years preceding the date of the application. The DOS would reserve the authority to add or remove social media platforms on the Form DS-260 in consultation with the Office of Management and Budget (OMB). Applicants will also be provided with the option of including information about any additional social media identifiers associated with platforms not specifically listed on the Form DS-260 that applicants have used in the five years preceding the application. The FR notice states that the DOS “will collect this information for identity resolution and vetting purposes based on statutory visa eligibility standards.”

Regarding the Form DS-160, the notice states that the DOS “intends not to routinely ask the question of applicants for specific [nonimmigrant] visa classifications, such as most diplomatic and official visa applicants.” In short, certain diplomatic and official nonimmigrant visa classifications will not generally be subject to social media vetting.

Additional Questions for Nonimmigrant and Immigrant Applicants

The DOS is also proposing to add questions seeking the following information from applicants for immigrant or nonimmigrant visas:

• Five years of previously used telephone numbers;
• Five years of previously used email addresses;
• Five years of international travel;
• All prior immigration violations; and
• Whether specified family members have been involved in terrorist activities.

Certain applicants for E nonimmigrant visas will be asked whether the principal treaty trader was issued a visa.

Additional Information Involving Medical Examinations

Both immigrant and nonimmigrant visa applicants would be provided with additional information regarding the visa medical examination that some applicants will be required to undergo.

Immigrant Applicants from Countries Where Female Genital Mutilation/Cutting is Prevalent

The following change applies only to immigrant visa applicants (Form DS-260) seeking visas from countries where female genital mutilation/cutting is prevalent. Such applicants will be provided with a link in the Form DS-260 to an electronic pamphlet that explains that such practices are illegal in the United States. These applicants will be required to check a box verifying that the link to the pamphlet was provided to them in order to file the Form DS-260.

Information about Forms DS-160 and DS-156

The Form DS-160 is an electronic form that is filed online. It has generally replaced the Form DS-156, which is a paper form serving the same purpose.

The new FR notice limits the circumstances in which applicants will be able to use the paper version Form DS-156. These circumstances would be limited to the following cases when the applicant is unable to access the Form DS-260:

• The applicant has an urgent medical or humanitarian travel need and the consular officer has received explicit permission from the Visa Office to accept the Form DS-156;
• The applicant is a student exchange visitor who must leave immediately in order to arrive on time for his or her classes and the consular office has received explicit information from the Visa Office to accept the Form DS-156;
• The applicant is a diplomatic or official traveler with urgent government business and the Form DS-160 has been unavailable for more than four hours; or
• The Form DS-160 has been unavailable for more than three days and the officer receives explicit permission from the Visa Office.

Applicants must contact the Embassy or consulate at which they are applying for a nonimmigrant visa in order to request the Form DS-156.

Additionally, the DOS proposes combining the Forms DS-160 and DS-156 into a single information collection. Under current policy, the Forms DS-160 and DS-156 are distinct information collections.

It is important to note that all of the proposed changes to the Form DS-160 would apply to the Form DS-156.

Conclusion

The proposed changes to the Forms DS-260, DS-160, and DS-156 will seek more information from applicants in a variety of areas, including social media history. Furthermore, the proposal would create clear guidelines for the limited continuing use of the Form DS-156. We will update the site when the DOS implements any final changes to these forms at some time after the 60-day comment period is complete.

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