For most immigrants, applicants must first meet all statutory eligibility requirements, followed by a review from an adjudicating officer that balances the positive factors (such as family ties, employment, and community involvement) against negative ones (like minor immigration violations or criminal history).
A new policy by USCIS published on August 19th introduces “anti-American activity” as a specific, high-impact negative factor. The guidance explicitly states that such activity will be considered an “overwhelmingly negative factor,” giving it a higher weight in the decision-making process.
Who Does This Impact?
The scope of the new policy is broad, impacting applications for:
- Adjustment of status (green cards)
- Parole
- Extensions and changes of nonimmigrant status (including for F-1 students)
- Most applications for Employment Authorization Documents (EADs)
- Certain employment-based petitions, like the EB-5 Immigrant Investor Program and EB-2 National Interest Waivers (NIWs).
- Employment visas like the H-1B, O-1, and L-1,
What is Considered “Anti-American” Activity
The USCIS Policy Manual does not provide a legal definition for the key term “anti-American.” However, it references Section 313 of the Immigration and Nationality Act, Cold War–era provisions that barred people tied to the Communist Party or groups advocating the violent overthrow of the U.S. government.
By using this framework today, the policy applies tools once aimed at defined threats like communism to a much broader and less clear set of political expressions.
In practice, this could include protests, online criticism of U.S. policies, or other mainstream political speech, marking a notable expansion of government authority over immigration decisions.
Because the term is undefined, the policy gives wide discretion to thousands of USCIS officers across the country to decide what counts as “anti-American.”
This also creates significant legal uncertainty, since applicants cannot know in advance what kinds of speech, associations, or expressions might be considered disqualifying.
How is It Tracked?
Recent USCIS policy updates make social media a central tool for reviewing applicants. The agency stated it has expanded the types of applications subject to social media checks and will now include reviews for “anti-American” activity.
Since 2019, the State Department has required nearly all visa applicants to provide their social media handles. These checks are not limited to the initial application. Federal programs such as “Continuous Immigration Vetting” track non-citizens’ records, including social media, from their first application until naturalization.
The State Department has also confirmed it is reviewing the records of more than 55 million current visa holders, with social media playing a central role in that process.
What to Avoid
- Scrutiny may extend beyond your own posts to include activity such as likes, shares, comments, or tags associated with your account. While USCIS has not explicitly defined this, these actions could be interpreted as endorsements of certain views or organizations.
-
Be cautious of posting or sharing content critical of U.S. foreign policy that could be treated as antisemitic or “anti-American.”
-
Sharing or promoting content from organizations linked to promoting violence or labeled as extremist or “anti-American” could be considered a serious negative factor.
-
For some applicants, the State Department has required social media accounts to be set to “public” for review. Refusing could be seen as an attempt to hide information.
What to Do
- Review your online presence and any public records carefully. Be prepared to clarify or provide context for any information that could be misinterpreted.
- Consult an experienced immigration attorney to guide you and protect your application.
How VisaNation Can Help
VisaNation’s immigration attorneys guide applicants through the complexities of immigration law. With expert guidance, we help protect your immigration benefits and navigate USCIS requirements with confidence.
Schedule a Consultation Today