CORPORATE SOLUTIONS
Employ top talent, expand your business, or scale your start-up.
Performing a social media audit is a critical step for immigration applicants under Executive Order 14161, which mandates “extreme vetting” and the collection of digital identifiers. This checklist is designed to help your clients identify and resolve potential red flags before they become part of their permanent immigration record.
USCIS now requires a comprehensive list of all social media platforms used over the past five years.
List All Identifiers: Identify every username, handle, and alias used on platforms like Facebook, X (Twitter), Instagram, TikTok, LinkedIn, and YouTube.
Identify Old Accounts: Include secondary, “anonymous,” or forgotten accounts; DHS uses behavioral analytics and cross-platform matching to link these to your identity.
Platform Visibility: Be aware that for certain visa types (like F, M, and J), consular officers may explicitly instruct you to set all profiles to “public” for inspection.
Discrepancies between your online professional presence and your official filing are a leading cause of Requests for Evidence (RFEs).
LinkedIn Audit: Ensure your job titles, employment dates, and company names exactly match your H-1B, PERM, or I-140 petitions.
Skill Alignment: Verify that the “skills” or job duties listed on your profiles align with the Labor Condition Application (LCA) filed by your employer.
Education History: Confirm that your degree information and graduation dates on platforms like LinkedIn match your university transcripts and SEVIS records.
Immigration officers are trained to look for content that suggests fraud, illegal activity, or “hostile attitudes” toward the U.S..
Unauthorized Work: Review photos or posts that imply you worked while on a visitor visa or without proper authorization (e.g., posts about a “side hustle” or “new job” while in the U.S. on a B-1/B-2).
Immigrant Intent: For non-immigrant visas, look for statements that contradict your temporary intent, such as “Moving to the U.S. forever!” or “Goodbye [Home Country] for good”.
Humor and Sarcasm: Scrutinize jokes about crime, government deception, or harming the U.S.; these are often taken literally by AI and vetting officers.
Public Associations: Check the groups you follow and pages you like. Membership in controversial groups—even if you are passive—can trigger national security screening.
For family-based green cards, social media is used to confirm the “bona fides” of the relationship.
Timeline Consistency: Ensure the “anniversary” dates, engagement photos, and travel history shared online align with the dates provided on your Form I-130.
Public Allegations: Look for public arguments or allegations of infidelity/fraud that could be used during a Stokes Interview.
Friend/Family Interactions: Verify that your social media shows your spouse interacting with your friends and family, which serves as evidence of a genuine shared life.
| Action Item | Guidance |
| Privacy Settings | Set accounts to the most restrictive settings allowed unless otherwise instructed by a consular officer. |
| Avoid Deleting | Do not abruptly delete large amounts of content right before an interview, as this can be construed as an effort to hide activity or evade vetting. |
| Explanation Log | If you find controversial posts that cannot be safely removed, prepare a clear written explanation of the context (e.g., sarcasm, cultural reference). |
Customized Digital Footprint Audits: We reject the “one-size-fits-all” approach to social media reviews, providing high-level detail to ensure your online presence is consistent with your professional and biographical records.
Source-of-Funds Verification: For EB-5 investors, our team provides zealous representation to ensure your financial documentation remains “airtight” even under the increased scrutiny of recent Executive Orders.
Strategic Action Plans: We partner with you to develop a proactive plan to identify potential red flags—such as unauthorized work indicators or misunderstood online commentary—before they trigger a government investigation.
Interview Preparation & Attendance: Our attorneys frequently represent individuals in a range of interviews before USCIS and the Department of State, guiding you through the expanded review processes to mitigate delays.
Federal Litigation & Appeals: If you believe USCIS made an incorrect decision due to vetting errors, we are prepared to take your case to federal court or file motions to reconsider and reopen your petition.
Corporate Compliance Services: We help businesses grow by managing the complex vetting requirements for hiring and retaining top international talent in an increasingly regulated landscape.
Founded in 1964, our firm is built on the belief that everyone deserves personalized support and an honest, professional defense of their legal rights. Whether you are an individual pursuing a family-based green card or a multinational corporation, we provide the expertise needed to manage the complexities of modern U.S. immigration laws.
Would you like me to help you schedule a confidential consultation with one of our attorneys to discuss your specific vetting concerns? You can call (212) 840-0050 or submit a request at https://cohentuckerlaw.com/contact-us/.
Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.
Sources:
The White House | Executive Order 90 FR 8451 (January 30, 2025)
Employ top talent, expand your business, or scale your start-up.
Understand your options for working or studying in the US. Discover options for family members interested in immigrating to the US.
Are you barred from receiving legal status in the US?
Are you facing removal or deportation proceedings?
You may be able to seek intervention from the federal courts for decisions as well as applications or petition that are pending or delayed.
Believe USCIS made the wrong decision? Challenge the decision by filing an appeal or motion
Not sure where to get started? No problem! Schedule a phone, in-person, or virtual consultation with our team!