Trump administration orders enhanced vetting for applicants of H-1B visa

The Trump administration has ordered expanded vetting of H-1B visa applicants, directing U.S. consular officers to screen for any role in “censorship” of free speech and to consider rejecting applicants who engaged in such activity, according to a State Department cable seen by Reuters.

H-1B visas are vital for U.S. tech companies, which rely heavily on highly skilled workers from India, China, and other countries. Many of those companies’ leaders backed Trump in the most recent presidential election.

The cable, sent to all U.S. missions on Dec. 2, instructs consular officers to scrutinize resumes or LinkedIn profiles of H-1B applicants, along with family members traveling with them, for work in areas involving misinformation, disinformation, content moderation, fact-checking, compliance, and online safety, among other fields.

“If you uncover evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States, you should pursue a finding that the applicant is ineligible,” the cable said, referencing a specific article of the Immigration and Nationality Act.

Focus on tech workers

The enhanced screening for H-1B applicants, which has not been previously reported, applies to a visa category that allows U.S. employers to hire foreign workers for specialty occupations.

The cable says the rule applies to all visa types but calls for a heightened review of H-1B applicants because many work for technology firms, including in social media or financial services companies involved in the suppression of protected expression.

“You must thoroughly explore their employment histories to ensure no participation in such activities,” the cable said. The new vetting requirements cover both first-time applicants and those seeking to renew visas.

The Trump administration has made free speech, particularly what it describes as efforts to silence conservative voices online, a central theme of its foreign policy.

Officials have frequently criticized European governments for what they call attempts to curb speech by right-wing politicians, including in Romania, Germany, and France, accusing authorities of censoring views on issues such as immigration under the banner of fighting disinformation.

Part of broader immigration crackdown

Sen. Marco Rubio earlier threatened visa bans for individuals who censor Americans’ speech, including on social media, and suggested foreign regulators of U.S. tech companies could be targeted under such a policy.

The administration has already tightened vetting for student visas, ordering consular officers to review applicants’ social media posts for content that may be hostile toward the United States.

In September, Trump imposed new fees on H-1B visas as part of a wide-ranging immigration crackdown.

Trump and his Republican allies have repeatedly accused the administration of Democratic former President Joe Biden of encouraging suppression of speech online, particularly in efforts to counter false claims about vaccines and elections.

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