❓WHAT HAPPENED: The U.S. State Department has issued new guidelines directing consular officers to screen foreign tech workers for records of censorship or silencing lawful expression before granting H-1B visas.
👤WHO WAS INVOLVED: U.S. consular officers, foreign tech workers, and the State Department.
📍WHEN & WHERE: The guidance was distributed to U.S. embassies on December 2, according to Reuters.
💬KEY QUOTE: “If you uncover evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States, you should pursue a finding that the applicant is ineligible.” — State Department memo
🎯IMPACT: The new rules could significantly affect foreign tech workers, particularly in sectors like social media and financial services, as well as companies relying on H-1B visas.
The U.S. Department of State circulated a cable this week directing U.S. consular officials to screen foreign H-1B applicants in the tech industry to determine if they’ve participated in efforts to suppress free speech. According to the memo, consular officers are to reject visa applications for individuals found to have ties to online content or political censorship.
Issued on December 2, the order appears to be part of the Trump administration’s sweeping reforms to U.S. immigration policy. H-1B visa eligibility requirements have not previously taken into consideration an applicant’s involvement in censorship and speech suppression operations.
Consular officials are instructed to review the resumes, social media profiles, and other documents submitted by visa applicants for evidence that they or their family members have worked for organizations specializing in combating so-called disinformation, online safety compliance, content moderation, or fact-checking. “If you uncover evidence an applicant was responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States, you should pursue a finding that the applicant is ineligible,” the State Department order states.
The U.S. tech industry draws a significant part of its workforce from the H-1B program, which allows American companies to hire supposedly high-skilled labor from foreign countries. However, the visa program is often abused by firms to import cheap labor, particularly from India, which often undercuts the wages of American workers.
The National Pulse reported in late May that Secretary of State Marco Rubio announced the department would adopt a new policy to block U.S. entry for foreign officials and their families involved in censoring Americans or interfering with U.S. tech companies.
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