News outlets are reporting that the Department of State (DOS) recently issued new guidance regarding the issuance, denial, and revocation of F, M, and J student visas, framing these actions as part of its national security and foreign policy functions. Such cables are not publicly available. Secretary of State Marco Rubio discussed this mandate when giving remarks to the press on March 28, 2025. If accurate, this mandate is consistent with President Trump’s Executive Orders 14161 (Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats) and 14188 (Additional Measures to Combat Anti-Semitism).
Key Points of the New Guidance
Review Criteria
Consular officers are now directed to carefully review the social media presence of a student submitting a visa application to determine if applicants:
- Intend to engage in unlawful activities in the United States
- Plan to participate in activities different from those stated in their visa application
The copy of the cable that this office has seen states “Mandatory Social Media Reviews for Students and Student Exchange Visitors. Effective immediately, consular officers must refer all new or retaining . . . meeting one or more of the following criteria, that the consular officer has determined is otherwise eligible for the requested nonimmigrant status, to the FBU [Fraud Prevention Unit]”.
Certain applicants must undergo social media reviews if they:
- Have allegedly advocated for a designated foreign terrorist organization.
- Previously held F-1, M-1, or J-1 status between October 7, 2023, and August 31, 2024; or,
- Had a SEVIS record terminated since October 7, 2023.
Consular officers are instructed to take screenshots of applicants’ social media profiles as evidence for case files, which may be used for visa denial or revocation.
Importantly, the guidance indicates that even if the student has not committed any actual violation, the support of any unlawful activities may not subject the student to denial or visa revocation.
Grounds for Denial or Revocation
The guidance outlines several grounds for visa denial or revocation:
- INA 214(b): If the applicant cannot credibly show their activities will be consistent with visa classification requirements
- INA 212(a)(3)(B): If evidence suggests the applicant supports a terrorist organization
- Displaying “hostile attitudes” toward U.S. citizens, culture, government, institutions, or founding principles
- 9 FAM 403.11 or 9 FAM 504.12 to determine if there is a social media case (or other reason) to revoke a valid visa
Implications for Visa Holders
If a visa is revoked, the consulate will send notification to the email address used during the visa application process. It is crucial for all visa holders to regularly monitor this email address for any possible revocation notices. In addition,
- Be aware of social media content that could potentially affect visa status
- Understand that activities both before and during your time in the U.S. may be scrutinized
- Consult with an immigration attorney if you have concerns about your visa status
This new guidance represents a significant shift in the visa review process, particularly for students from certain regions or those who have been politically active. Stay informed and take appropriate precautions to protect your immigration status.
