US Immigration Vetting Initiatives, Expanded Travel Bans, Social Media Mining, ESTA “Selfies” and More

In response to the horrific November attack on National Guard members in Washington, D.C. and other geopolitical events, the President and U.S. immigration agencies have implemented initiatives and rolled out proposals to expand existing travel bans and dramatically increase vetting and personnel data collection of visa applicants and travelers entering and exiting the United States. The following is a brief summary of these impactful policies.

Travel Ban Expanded to Cover 39 Countries
On December 16, 2025, President Trump issued a Presidential Proclamation titled Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States. This action expands Presidential Proclamation 10949, issued on June 4, 2025 to impose entry restrictions on certain foreign nationals based on national security, public safety, and immigration integrity concerns under § 212(f) of the Immigration and Nationality Act (INA). The new proclamation is effective at 12:01 a.m. eastern standard time on January 1, 2026.

Key provisions include:

• Full Entry Bans: Extends full suspension of entry (immigrant and nonimmigrant visas) to nationals from a total of 19 countries whose vetting and security cooperation are considered deficient. This includes the 12 countries covered by Proclamation 10949: Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen; 7 additional countries: Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria; and those carrying travel documents issued by Palestinian Authority.
• Partial Entry Ban: Continues the partial entry restrictions halting issuance of and entry with immigrant visas and nonimmigrant visas including new visitor (B1/B2), student (F, M), and exchange (J) visas and a reduction in validity (visa term) for nearly all other nonimmigrant visa categories, including all employment visa categories (subject to the exceptions listed below) for the four countries covered in Proclamation 10949: Burundi, Cuba, Togo, and Venezuela. Also adds the following 13 countries to the partial entry ban: Angola, Antigua and Barbuda, Benin, Cote d ‘Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia and Zimbabwe. For Turkmenistan the ban on nonimmigrant visas (B-1, B-2, B-1/B-2, F, M, and J) is lifted but the suspension of entry with immigrant visas remains.
• Applicability: The travel ban applies to nationals of the additionally designated countries who, on January 1, 2026: (1) are outside the U.S. and (2) do not hold a valid, issued U.S. visa. As a result, anyone from a restricted country who holds a visa before January 1, 2026 should be permitted to use it after the travel ban is implemented.
• Exceptions and Waivers:
  • Categorical Exceptions: The ban does not apply to the following:
    • U.S. Lawful Permanent Residents (LPR or green card holder);
    • Dual nationals of the restricted countries traveling on the passport of an unrestricted country (e.g., Haitian/French dual national entering the U.S. on their French passport);
    • Individuals traveling on most diplomatic visas;
    • Athletes and related personnel and families entering to participate in the World Cup, Olympics, or other “major sporting event;”
    • Certain Special Immigrant Visas (including U.S. Government employees); and
    • Immigrant visas for certain ethnic and religious minorities from Iran.
  • The following categorical exceptions, referenced in Proclamation 10949, will no longer be available: Immediate family members seeking to enter on immigrant visas (i.e., applying for LPR status from outside the US); applicants for adoption; and individuals granted asylum or protections under the Convention Against Torture (CAT), and those admitted to the US as a refugee.
  • Case-by-case Waivers: The Attorney General, Secretary of Homeland Security and Secretary of State may designate individual exceptions for those entering in the national interest of the U.S.

USCIS Freeze on Adjudication of Immigration Benefits for Applicants from “High-Risk” Countries
In a related development, on December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0192, placing holds and enhanced reviews on all asylum applications filed on Form I-589 and on a wide range of pending benefit applications filed by individuals from the 19 countries referenced in the June 2025 Travel Ban, Proclamation 10949, as part of heightened national security screening. The policy mandates impacted applications “undergo a thorough re-review process, including a potential interview and, if necessary, a re-interview, to fully assess all national security and public safety threats along with any other related grounds of inadmissibility or ineligibility.” The policy also institutes a comprehensive re-review of approved benefit requests for individuals from the Proclamation 10949 countries who entered the U.S. on or after January 20, 2021.

Since the implementation of this policy, USCIS has suspended adjudication on a wide range of immigration benefit applications including Adjustment of Status (I-485), Green Card Replacement (I-90), Removal of Conditions (I-751), Reentry Permits and Travel Documents (I-131), and Naturalization (N-400). We expect USCIS will expand this policy to incorporate applications submitted by nationals of the additional countries referenced in the December 16, 2025, Travel Ban Proclamation summarized above.

Expanded Screening and Vetting for Nonimmigrant Visa Applicants
The Department of State recently announced that Consulates, as of December 15, 2025, will expand screening of the online presence of H-1B (specialty occupation) and H-4 (dependent family members) visa applicants similar to the policies previously implemented for F (students), M (vocational/technical students) and J (exchange) visa applicants. All such visa applicants are now instructed to adjust the privacy settings on their social media platforms to “public.” Consular officers will review the platforms to identify information regarding inadmissibility or a possible national security risk.

Visa applicants and sponsoring employers should implement practices to carefully review social media profiles (e.g., LinkedIn) to confirm the accuracy and consistency of biographic information such as employment history, job titles, work locations, education and dates of employments so as not to conflict with visa applications. Visa applicants should also avoid massive last-minute edits or deletions of posts or removal of accounts prior to visa interviews that may appear as inconsistent or evasive to consular officers. Visa applicants should also take care and refrain from posting or amplifying posting content that could be misconstrued as advocating unlawful activity and posing a threats to national security.

Shortly after this policy was rolled out, many applicants with H-1B and H-4 visa appointments scheduled in December and January received notifications that their appointments were unilaterally rescheduled for future dates including some as late as January 2027. This practice has been most prevalent at the posts in India, but is also occurring at posts in other parts of Asia and Europe. The communications sent to applicants stress these actions were necessary “due to operational constraints related to processing these visas and to ensure that no applicants issued a visa pose a threat to U.S. national security or public safety. . .” As a precaution, visa applicants should monitor their email accounts for notices of scheduling changes and log into their visa service accounts to check for updates.

Given that many of these appointments were rescheduled just days prior to the scheduled interview and often after the visa applicants had departed the U.S., it is critical that employers and their foreign national employees balance their travel needs against the potential risks of protracted delays in visa processing impeding their ability to return to the U.S.

Additional Vetting Policies and Proposals:

• Mandatory Biometric Entry-Exit System for All Noncitizens – Per a Final Rule, effective on December 26, 2025, U.S. Customs and Border Protection (CBP), will be required to collect biometric data from virtually all non-U.S. citizens when entering and departing the United States. Previously, biometric collection (like facial photos and fingerprints) at exit from the United States was limited to pilot programs at select ports.
• USCIS Biometric Expansion Proposal – Separately, USCIS issued a Notice proposing the expansion of biometrics collection in immigration benefit cases (e.g., green cards, work authorizations, naturalization). The proposal would revise existing regulations to require biometric submission (such as fingerprints, photos, and potentially other identifiers such as DNA testing) from virtually anyone filing or associated with an immigration benefit application, regardless of age, and subject to limited exceptions. These additional checks will require scheduling of biometric appointments at USCIS Application Support Centers and inevitably lengthen adjudication times for most applications. Public comments are being solicited, and further rulemaking will take place before these proposals take effect.
• USCIS Launches New Vetting Center – USCIS recently announced the establishment of a “specialized unit to strengthen the ability of America’s immigration system to screen out terrorists, criminal aliens, and other foreign nationals who pose potential threats to public safety or who have committed fraud or other crimes.” Based in Atlanta, Georgia, the center will serve as the primary hub for advanced background checks and supplemental reviews of domestically filed immigration applications. USCIS emphasizes the vetting center “will draw on the full spectrum of classified and nonclassified screening and vetting capabilities . . . These reviews will leverage state-of-the-art technologies, including artificial intelligence.”
• CBP Proposed Revisions to I-94 Arrival/Departure and ESTA Data Collection – CBP recently published a Notice seeking public comments on revisions to Form I-94 arrival/departure records and the Electronic System for Travel Authorization (ESTA) program. A 60-day public comments period is underway through February 9, 2025, and further rulemaking will take place before any of the following proposals take effect:
  • Establishes a voluntary pilot program permitting nonimmigrant visa holders and ESTA (Visa Waiver) travelers to use a version of the CBP Home Mobile App to voluntarily submit exit information such as passport biographic data, a facial images, and geolocation data to confirm departure from the United States.
  • ESTA applicants would be required to upload a live selfie photo in addition to the current passport biographical page image requirement. ESTA applicants would also be mandated to submit social media identifiers from the past five years; personal and business phone numbers used during the previous five years; personal and business email addresses going back ten years; IP addresses from photos and metadata; family member names, birthplaces, and contact information; and expanded biometrics including facial, fingerprint, DNA, and other data.
  • Visa Waiver Program (VWP) Updates – The notice provides updates for changes to the VWP, including removal of Romania and the expected decommission of the ESTA website establishing an ESTA Mobile application as the sole platform to apply for a new ESTA authorization.

Taken together, these measures continue the current Administration’s shift toward an expansive, security-first immigration framework that prioritizes intensive vetting, broad data collection, and preventive risk mitigation. Employers, visa holders and ESTA travelers should expect longer processing timelines, increased scrutiny across all immigration touchpoints, and greater compliance exposure, making proactive planning, careful travel risk assessments, and close monitoring of agency guidance essential. We will continue to monitor and update as developments unfold.