Trump administration orders further review of H-1B visa applicants

WASHINGTON, Dec 3 (Reuters) – The Trump administration on Wednesday announced increased vetting of applicants for H-1B visas for high-skilled workers, and an internal State Department memo says anyone involved in “censorship” of free speech will be considered for rejection.

H-1B visas, which allow U.S. employers to hire foreign workers in specialized fields, are crucial for U.S. tech companies that hire heavily in countries like India and China. Many of the leaders of those companies supported Trump in the last presidential election.

The cable, sent to all US missions on December 2, directs US consular officials to review the resumes or LinkedIn profiles of H-1B applicants (and family members who would travel with them) to see if they have worked in areas including activities such as disinformation, misinformation, content moderation, fact-checking, compliance and online security, among others.

“If you discover evidence that an applicant was responsible for or complicit in censorship or attempted censorship of protected expression in the United States, you should seek a finding that the applicant is ineligible,” according to a specific section of the Immigration and Nationality Act, the cable said.

No details have been previously reported on the enhanced vetting of H-1B visas, including the focus on censorship and freedom of expression.

The cable said all visa applicants were subject to this policy, but called for stricter review for H-1B applicants given that they frequently worked in the technology sector “including at social media or financial services companies involved in the suppression of protected speech.”

“You should thoroughly explore their employment histories to ensure they do not engage in such activities,” the cable said.

(Mandel Ngan/Pool photo via AP

The new vetting requirements apply to both new and returning applicants.

“We do not support foreigners coming to the United States to work as censors gagging Americans,” a State Department spokesman said, but added that it does not comment on “allegedly leaked documents.”

“In the past, the president himself was a victim of this type of abuse when social media companies blocked his accounts. He does not want other Americans to suffer this way. Allowing foreigners to lead this type of censorship would be insulting and hurting the American people,” the spokesperson said.

The Trump administration has made free speech, particularly what it sees as the suppression of conservative voices online, a focus of its foreign policy.

Officials have repeatedly intervened in European politics to denounce what they say is the repression of right-wing politicians, including in Romania, Germany and France, accusing European authorities of censoring views such as criticism of immigration in the name of countering disinformation. In May, Rubio threatened to ban visas for people who censor American speech, including on social media, and suggested the policy could target foreign officials who regulate American technology companies. The Trump administration has already significantly tightened its vetting of student visa applicants, ordering U.S. consular officials to review any social media posts that may be hostile toward the United States. As part of his sweeping crackdown on immigration, Trump imposed new fees on H-1B visas in September.

Trump and his Republican allies have repeatedly accused former Democratic President Joe Biden’s administration of encouraging the suppression of free speech on online platforms, claims that have focused on efforts to curb false claims about vaccines and the election.

(Reporting by Humeyra Pamuk; Editing by Don Durfee and Stephen Coates)