US Citizenship and Immigration Services (USCIS) has implemented a new policy, further enhancing the scrutiny of US immigration benefit applications. Under the updated guidance, USCIS will now consider antisemitic content, particularly on social media, as a negative factor in discretionary decisions on certain visa, green card and other benefit applications.
USCIS to deny immigration benefits over antisemitic social media activity
As of April 9, 2025, the US Citizenship and Immigration Services (USCIS) will now consider antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefits. The rule applies to applicants for lawful permanent resident status, student visas and affiliations with educational institutions linked to antisemitic activity.
Under the new policy, USCIS will scrutinize social media content that indicates an individual is endorsing, espousing, promoting or supporting antisemitic terrorism or related organizations, such as Hamas, Palestinian Islamic Jihad, Hezbollah or Ansar Allah (the Houthis). Such findings will be considered negative factors in any discretionary analysis when adjudicating immigration benefit requests.
Thepolicy is effective immediately and applies to all relevant pending and future immigration benefit requests.
The Department of Homeland Security (DHS) has stated that this initiative aligns with executive orders aimed at combating antisemitism and protecting the US from foreign terrorists and other national security threats. DHS Assistant Secretary for Public Affairs, Tricia McLaughlin, emphasized that individuals who advocate for antisemitic violence and terrorism are not welcome in the United States.
Impact on travelers to the US
The policy does not explicitly mention tourists or short-term visitors among the categories subject to this enhanced scrutiny, as such it appears that travelers to the US for tourism or short-term visits are not directly affected by this specific policy. However, it’s essential for all travelers to be aware that US immigration authorities have the discretion to review social media activity and other publicly available information during the visa application process or upon entry into the country. Engaging in or endorsing antisemitic content could potentially raise concerns and impact admissibility.
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To discuss the implications of this new rule and the enhanced scrutiny of US applications, speak to our US attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
