Department of State Will Review H-1B and H-4 Visa Applicants’ Social Media

The Department of State (DOS) has announced that effective December 15, 2025, it will review the online presence of all H-1B visa applicants and their dependents, H-4 visa applicants.

As this measure is being enacted by the DOS, it will apply to visa applicants applying for visas at embassies abroad and does not explicitly apply to H-1B or H-4 petitions filed within the US, such as amendments, extensions, transfers, and changes of status.

 

In June 2025, DOS announced it would begin to review social media of students applying for F, M and J visas. This December 2025 announcement expands that online vetting process to include H-1B and H-4 visa applicants.

 

If social media profile(s) exist for H-1B and H-4 visa applicants, DOS will instruct them to adjust the privacy settings to “public”.  

 

DOS’s stated purpose for social media review of applicants is national security and public safety.

 

DOS also notes that its social media review will include whether an applicant’s online information shows an intention “to engage in activities consistent with the terms for their admission”.

Department of State Shortens Validity of Temporary Visas for over 50 Countries

On July 17, 2025, NAFSA, a nonprofit policy advocate, released a report detailing the Department of State’s (DOS) recent actions to shorten temporary visa validity periods. DOS’s changes will affect multiple temporary visa types for nationals of over 50 countries.  

In most cases, DOS has shortened temporary visa validity to only 3 months and a single entry. In practice, this means applicants receiving a shortened visa must enter the US within 3 months of their visa issuance and will have to reapply for a visa before each entry to the US.

A full list of the more than 50 affected countries can be found in NAFSA’s report; the list includes Afghanistan, Cameroon, Ghana, Haiti, Iran, Nigeria, Sierra Leone, Uganda, Venezuela, and Zimbabwe.

With some variations, affected visa types include B, F, H, J, M, O, and P visas.

F visas are utilized by international students in the US. The H-1B visa is open to employees filling US positions that require Bachelor’s degrees, which include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Although DOS did not make an announcement of its sweeping temporary visa limitations, individual visa validity periods by country are updated on the DOS’s visa reciprocity website. Speak with an MU attorney if you have questions about your visa validity.

SEVIS Report: Record Number of Student Visa Holders in 2024

In June 2025, ICE released its 2024 Student and Exchange Visitor Information System (SEVIS) by the Numbers Report. This report includes data on international student enrollment at US educational institutions and work authorization for students employed by US companies.

International students are eligible to study in the US on the F-1 visa. As indicated in the report, most F-1 visa holders at universities major in computer science, information technology, and engineering fields. However, students seeking careers in healthcare may study in associate’s, bachelor’s and even master’s programs in majors like Nursing, Medical Technology, and Physical Therapy.

Both Enrollment and Employment Increased in 2024

Foreign student enrollment in the US increased once again in 2024. Over 1.5 million students held active immigration records at US schools in 2024, a 5.3% increase from 2023.

Work authorization is available to certain F-1 students. SEVIS's report states:

• 381,140 students were authorized to work for US employers in 2024.
• Work authorization participation increased by 21% for students enrolled in Optional Practical Training (OPT), which is one type of work authorization for students. OPT participation has now increased four years in a row.
• Work authorization participation increased 54% for students enrolled in STEM OPT (an extension of OPT for students studying in qualifying STEM degree fields).

In 2024, Amazon was the top employer among all F-1 students with work authorization, with tech giants Apple, Google, Meta, Microsoft, and Tesla also among the companies employing the highest numbers of foreign students.

Conclusion

Though scrutiny of student visa issuance has increased as a result of Trump Administration policies in 2025 (as discussed in an MU blog post earlier this year), US universities and employers demonstrated heavy engagement with international students in 2024.

Student visas remain prevalent in the US, and major US employers continue to seek work-authorized foreign student employees. 

F-1 Visa Alert

On April 9, 2025, the Department of Homeland Security announced it will begin reviewing social media posts of foreign students, specifically focusing on antisemitic content. At the same time, there have been increasing reports of F-1 student visa revocations.  We understand this may be concerning, and we want to share guidance to help you stay informed and compliant. Please read the following carefully.

What Does It Mean if My Visa is Revoked?

If your visa is revoked, you should receive an official notice from the U.S. Department of State. Remember, visa revocation affects your ability to enter the U.S., not your ability to stay here.  Your immigration status (your right to live and work in the U.S.) is based on your SEVIS record and I-94 card, which are handled by U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS).

Do I Need to Leave the U.S. if My Visa is Revoked?

Not necessarily. As long as your SEVIS record and I-94 remain valid, you can legally live and work in the U.S. even if your visa has been revoked. However, be aware that ICE may begin deportation proceedings in some cases. If that happens, your SEVIS record will be terminated, and you will receive a Notice to Appear (NTA) with a date, time, and location for your immigration court hearing.

What Happens if My SEVIS Record is Terminated? 

• You immediately lose F-1 status and work authorization.
• You may no longer remain in the U.S. legally.
• Any F-2 dependents also lose their immigration status.

You should be notified by your Designated School Official (DSO), but we strongly recommend checking your SEVIS record regularly to catch any changes early.

What You Should Do Now:

1. Check your SEVIS record regularly.  Make sure your SEVIS record stays active and that you are meeting all F-1 requirements (enrollment, attendance, tuition payments, etc.). 

2. Review your social media activity. Avoid content that could be interpreted as antisemitic or critical of the U.S. or the Trump Administration. Assume your accounts will be reviewed carefully. 

3. Consider your criminal history. Students with any arrest record—no matter how minor or whether charges were dropped—may face increased risk under current immigration enforcement practices.

4. Know your legal options. If your SEVIS record has been terminated, there are lawsuits challenging the government's procedure of SEVIS termination. If you are interested in joining one of these lawsuits, please contact your MU attorney.

If you have specific questions or concerns about your situation, do not hesitate to reach out to your MU attorney directly.

H-1B 2025 Cap Webinar

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 11, 2025 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and 2025 Changes
• What is a Specialty Occupation?
• Special Issues for Staffing Companies, Third Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Q&A

PLEASE JOIN US!

USCIS EXPANDS PREMIUM PROCESSING FOR CHANGE OF STATUS APPLICATIONS TO F, M, OR J NONIMMIGRANT STATUS

USCIS announced that applicants filing Form I-539 seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status can now request premium processing on Form I-907 based on the following schedule:

• Effective June 13, USCIS now accepts I-907 requests filed via paper form or online for F, M, or J applicants with a pending I-539;
• Starting June 26, USCIS will accept I-907 requests filed together with I-539 applications seeking F, M, or J status;

This expanded premium processing is only available for change of status requests.  The I-907 request must be submitted in the same manner as the I-539 application, either online or snail mail.  The premium processing clock will start only once all I-539 applicants have completed biometrics.

The premium processing fee for F, M, and J change of status applicants is $1,750 and the processing time is 30 days.

REMINDER-H-1B 2022 CAP WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 8, 2022 at 3PM Eastern (2PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• What is an H-1B Specialty Occupation?
• H-1B Dependency
• Special Issues for Staffing Companies and Third-Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Employer-Employee relationships, end-client documentation
• Green Card instead of an H-1B
• Top 10 things H-1B employers can do to stay compliant 

PLEASE JOIN US!

H-1B 2022 CAP WEBINAR

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 8, 2022 at 3PM Eastern (2PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• What is an H-1B Specialty Occupation?
• H-1B Dependency
• Special Issues for Staffing Companies and Third-Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Employer-Employee relationships, end-client documentation
• Green Card instead of an H-1B
• Top 10 things H-1B employers can do to stay compliant 

PLEASE JOIN US!

A LOOK BACK, AND A LOOK AHEAD

Join is for a review of some of the immigration changes that took place in 2020 and a look forward to the changes coming in 2021, specifically for the H-1B cap. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

MU Law will be hosting a free webinar for our clients and friends on Tuesday, January 26, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• NEW RULE: H-1B lottery system, selection by wage
• NEW RULE: DOL Rule Regarding Calculation of Prevailing Wage
• H-1B Specialty Occupation
• H-1B Dependency
• H-1B issues for Staffing Companies and Third-Party Placement
• Third- Party Placement v. In-House work?
• Employer-Employee Relationships
• Cap-Gap for F-1s
• CPT / OPT Maintenance
• Top 10 things H-1B employers can do to stay compliant

PLEASE JOIN US! 

A LOOK BACK, AND A LOOK AHEAD

Join is for a review of some of the immigration changes that took place in 2020 and a look forward to the changes coming in 2021, specifically for the H-1B cap. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

MU Law will be hosting a free webinar for our clients and friends on Tuesday, January 26, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and Projections
• NEW RULE: H-1B lottery system, selection by wage
• NEW RULE: DOL Rule Regarding Calculation of Prevailing Wage
• H-1B Specialty Occupation
• H-1B Dependency
• H-1B issues for Staffing Companies and Third-Party Placement
• Third- Party Placement v. In-House work?
• Employer-Employee Relationships
• Cap-Gap for F-1s
• CPT / OPT Maintenance
• Top 10 things H-1B employers can do to stay compliant

PLEASE JOIN US!

RECAP OF CHANGES FROM THE USCIS, DOL, AND DOS

MU Law will be hosting a free webinar for our clients and friends on Monday, November 16, 2020 at 2PM Eastern (1PM Central). Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

Join us for this FREE webinar to learn more about:

• The new USCIS rule on qualifying for H-1B

• The new DOL rule on wage calculations and alternative wage surveys

• Pending law suits on the new H-1B and wage rules

• The new USCIS rule on the H-1B lottery system

• The Public Charge rule

• The Visa Bulletin

• The new USCIS rule on F-1 duration of status

• Post-Election debrief and a look forward 

PLEASE JOIN US! 

PRESIDENT TRUMP RESCINDS GUIDANCE REQUIRING IN-PERSON CLASSES FOR FOREIGN STUDENTS

The Trump administration is rescinding its new guidance blocking international students from staying in the United States while taking only online classes.

The U.S. District Court Judge announced July 14, 2020 that the government and plaintiffs had reached a resolution in a lawsuit brought by Harvard University and MIT.

The Trump Administration will rescind its July 6 rule that said foreign students on F-1 visas would need to take at least some in-person courses in order to legally remain in the U.S. for the fall 2020 semester.

Seventeen states and the District of Columbia had sued the Trump Administration over the guidance.  The Trump Administration received heavy criticism from both colleges and universities as well as members of Congress for the policy.  Late last week 99 members of Congress sent a letter to the Department of Homeland Security and Immigration Customs Enforcement urging the agencies to withdraw the new guidance.

SEVP ANNOUNCES STUDENTS MAY NOT REMAIN IN THE US IF ENROLLED IN A FULLY ONLINE SCHOOL OR PROGRAM FOR FALL 2020 SEMESTER

On July 6, 2020, ICE’s Student and Exchange Visitor Program (SEVP), announced that for the Fall 2020 semester, it would prohibit F-1 students from attending fully online schools or programs and taking a full online course load in the United States. Students attending fully online schools or programs may only do so from outside the U.S., but can remain Active in the Student and Exchange Visitor Information System (SEVIS).

If a student is outside the U.S., he or she may not enter the U.S. on F-1 status if the student’s school or program is operating entirely online. This applies even if a student has already obtained a Form I-20 for the Fall 2020 semester.

A student may study in the U.S. if they transfer to a school that consists entirely of in-person classes or a hybrid model (combination of both in-person and online classes). However, the student must depart the U.S. or transfer again if the school changes to a fully online model at any point during the Fall 2020 semester. If students are not in compliance with the new guidance, deportation proceedings may be initiated against them.

By August 4, 2020, designated school officials (DSOs) must update and reissue ALL Form I-20s that have been issued for the Fall 2020 Semester to certify the school meets the requirements of the new guidance.

DHS will publish this rule shortly which could clarify some of the situations faced by students that are not addressed in ICE’s press release. In particular, the current guidance does not address the effect of the new guidance on students employed on Optional Practical Training (OPT).  On July 8, Harvard and MIT filed a lawsuit against DHS and ICE seeking a temporary restraining order of the new guidance, and on July 9, 99 members of Congress sent a letter to DHS and ICE urging the agencies to withdraw the new guidance.

H-1B CAP 2020: NEWS AND NOTES

The H-1B cap filing date will be here before you know it.  New H-1Bs are subject to the H-1B cap lottery and must be filed between March 1-20, 2020.  The USCIS will notify us of H-1B cap lottery winners by March 31, 2020.  If you are preparing to file an H-1B cap petition for 2020, please send MU the items on our checklist no later than March 10.

A variety of types of case are subject to H-1B cap:

-International students working on an EAD card under an OPT or CPT program 
 after having attended a U.S. school;

-International employees working on a TN may need an H-1B filed for them in
 order for them to pursue a permanent residency (green card) case;

-Prospective international employees in another visa status e.g. H-4, L-2, J-1, 
 F-1; H-1B workers with a cap exempt organization; and

-Prospective international employees currently living abroad.

These types of case are not subject to H-1B cap:

-H-1B amendments/extensions/transfers

-When the employee has been in H-1B status for less than 6 years

-Trade Visas (H-1B1, E-3, TN-1) Chile, Singapore, Australia, Canada, Mexico

-Institution of higher education (or its affiliated or related nonprofit entities), a 
 nonprofit research organization, or a government research organization.

Please contact us if you have any questions or are looking for representation in filing H-1B cap petitions.

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

REMINDER: NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!

NEW H-1B CAP REGISTRATION SYSTEM AND STRATEGIES FOR THE UPCOMING H-1B SEASON WEBINAR

MU Law will be hosting a free webinar for our clients and friends on Wednesday January 29, 2020 at 2PM / 11AM PT. Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

This webinar will discuss the NEW H-1B cap registration system and strategies for the upcoming H-1B season.

Webinar Agenda:

·   NEW H-1B Cap Registration System

·   H-1B Cap Projections

·   What is a Specialty Occupation?

·   H-1B Dependency

·   Special Issues for Staffing Companies and Third Party Placements

·   What is Third- Party Placement v. In-House work?

·   Employer-Employee relationships, how to maintain them

·   Cap-gap for F-1s as well as CPT/OPT maintenance -

·   Top 10 things H-1B employers can do to stay compliant

·   Q&A

PLEASE JOIN US!