Enhanced Vetting Requirements for H-1B Visa Applicants Under Trump Administration Target Free Speech Concerns

The Trump administration has implemented new stringent vetting procedures for H-1B visa applicants, targeting both first-time and returning candidates.

According to a State Department cable reviewed by Reuters, applicants connected to activities that could be construed as "censorship" of free expression may face rejection. This directive, distributed to all US diplomatic missions on December 2, instructs consular officers to thoroughly examine applicants' professional backgrounds.

H-1B visas remain essential for American technology companies, which heavily recruit talent from countries like India and China. Notably, many tech industry leaders supported Trump during the recent presidential election.

The directive requires officers to scrutinize resumes and LinkedIn profiles of not only the primary applicants but also accompanying family members. Officials must specifically look for work experience in areas such as misinformation management, disinformation control, content moderation, fact-checking, compliance, and online safety monitoring.

The cable explicitly states, "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," citing a specific provision in the Immigration and Nationality Act.

While this enhanced screening applies to all visa categories, the directive emphasizes particular attention for H-1B applicants due to their frequent employment in technology sectors "including in social media or financial services companies involved in the suppression of protected expression."

The cable mandates that officers "must thoroughly explore their employment histories to ensure no participation in such activities."

This policy aligns with the Trump administration's broader focus on free speech protection, especially regarding perceived suppression of conservative viewpoints online. Administration officials have criticized several European countries, including Romania, Germany, and France, for allegedly censoring right-wing politicians and restricting immigration criticism under the guise of fighting disinformation.

In May, Senator Marco Rubio threatened visa restrictions for individuals involved in censoring Americans' speech, including on social media platforms, suggesting the policy could target foreign officials who regulate US tech companies.

The administration has previously increased vetting for student visa applicants, screening for social media content potentially hostile toward the United States. Additionally, as part of Trump's comprehensive immigration restrictions, new fees were imposed on H-1B visas in September.

Trump and Republican allies have consistently accused the Biden administration of encouraging free speech suppression on online platforms, particularly regarding content about vaccines and elections.