Social Media

On April 9, 2025, the Department of Homeland Security (DHS) announced that U.S. Citizenship and Immigration Services (USCIS) would begin considering social media activity of foreign nationals— including F and J visa holders—when evaluating USCIS immigration benefit applications. This could include applications for work authorization, change of status, or reinstatement.

Read the April 9, 2025 DHS announcement,

What this means
  • Social media review: DOS, DHS and USCIS can review your public social media information including posts, shares, likes, and even group affiliations.
  • Discretionary decisions matter: Many immigration benefits (e.g., OPT approval, reinstatement, or adjustment of visa status) are not automatic and depend on review by official USCIS staff. USCIS officials have authority to make discretionary decisions, and controversial posts, reposts, shares, or “likes” could negatively influence that decision.
  • Effective immediately: This policy is already in place. Anything you post, or have posted in the past, could be reviewed.

Heightened Scrutiny of Law Enforcement Encounters for OPT and STEM OPT Applications

When reviewing applications for OPT or STEM OPT Extension, USCIS may now be conducting checks to see if the applicant has had any interactions with law enforcement, even traffic violations.

If any law enforcement encounters are found—regardless of the nature, outcome, or severity—USCIS may issue a Request for Evidence (RFE) or even deny the application.

Applicants may be requested to provide certified court disposition records for each incident, detailing the final outcome—such as dismissal, conviction, probation, or sentencing. If proceedings are pending, charging documents and the date of the next hearing must be included. Participation in any diversion or rehabilitative programs must also be documented. In addition to court records, USCIS typically requires a copy of the original arrest report, which must be obtained from the arresting law enforcement agency.

Why USCIS requests these records

USCIS reviews these records to determine whether an applicant’s history impacts eligibility for OPT or another immigration benefit. While an arrest or charge does not automatically result in denial, USCIS must assess: 

  • Whether the applicant has maintained valid F-1 status 
  • Whether any conduct may raise concerns about inadmissibility or violate the terms of the visa 

It’s important to know that USCIS can use its discretion to deny applications for employment authorization under 8 C.F.R. § 274a.13(a)(1). Even if not mentioned in the RFE, discretionary review can influence the outcome of your case. 

What you should do

If you’ve had any interaction with law enforcement—no matter how minor—talk to your OISS adviser before submitting your OPT or STEM OPT application to USCIS. We can help you understand what documentation may be needed and how it could impact your application.