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U.S. Orders Tougher H‑1B Screening — Content‑Moderation Roles Could Trigger Rejection

The State Department has ordered tougher vetting of H‑1B visa applicants, directing consular officers to review resumes and social profiles — including those of accompanying family members — for work in moderation, fact‑checking, misinformation and related areas. The Dec. 2 cable instructs officers to consider applicants ineligible if they were responsible for or complicit in censorship of protected U.S. speech. The guidance targets tech‑sector hires and applies to both new and repeat applicants, reflecting the administration's broader focus on alleged suppression of conservative voices online.

U.S. Orders Tougher H‑1B Screening — Content‑Moderation Roles Could Trigger Rejection

By Humeyra Pamuk

The U.S. State Department has directed consular officers to step up vetting of H‑1B visa applicants, instructing them to consider denying visas to anyone found to have been involved in "censorship" of protected U.S. speech, according to a State Department cable dated Dec. 2.

What the directive requires

The cable asks officers to review applicants' resumes, LinkedIn profiles and those of accompanying family members to identify work in areas such as misinformation, disinformation, content moderation, fact‑checking, compliance and online safety. It instructs that:

"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 provision of the Immigration and Nationality Act.

While the guidance applies to all visa categories, it calls for heightened scrutiny of H‑1B applicants because many are employed in the technology sector — including social media and financial services firms — where officers are advised to "thoroughly explore" employment histories. The policy covers both first‑time and repeat applicants.

Why it matters

H‑1B visas are a key route for U.S. tech companies to recruit highly skilled workers from countries such as India and China. Enhanced screening focused on content moderation and related roles could complicate hiring for companies that depend on global talent and may affect employees who performed trust and safety, compliance, or moderation work.

The directive comes amid broader administration concerns about free speech online, particularly allegations that platforms and foreign authorities have suppressed conservative voices. U.S. officials have publicly criticized European actions perceived as limiting right‑wing political speech, and lawmakers have floated visa restrictions for individuals they deem responsible for censoring Americans on social media.

The move follows other tightening measures: consular officers were previously instructed to screen student‑visa applicants' social media, and the administration added new fees to H‑1B visas in September. Observers say the new screening could prompt legal and diplomatic questions about how U.S. immigration policy intersects with content‑moderation practices and international regulation of tech platforms.

Stakeholders in the technology sector and immigration advocates are likely to monitor how strictly consular officers apply the guidance and whether it leads to a higher rate of visa denials among workers with moderation or safety responsibilities.

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