(2) immigration updates: September 22, 2026

stricter scrutiny

The Department of State wants access to your Facebook profile . . .

Since June 2025, the Department of State has gradually expanded its online-presence review to applicants for A-3, certain C-3, F, G-5, H-1B, H-3, H-4, J, K, M, Q, R, S, T and U visas. Applicants in these categories must make their social-media profiles public or open so that consular officers can review them.

Beginning October 1st, all applicants (and dependents) in the I or TN categories must now also set all their social media profiles to public/open prior to their interviews. (Canadian citizens generally do not need visas to seek admission in TN status. The expanded review therefore applies to Canadians only when they actually apply for a visa, rather than whenever they seek TN admission at the border.)

DOS has published neither a processing timeframe nor a clear evidentiary standard for these reviews; compliance does not preclude the possibility of administrative processing.

. . . the Department of Homeland Security wants access to your credit report . . .

The new public-charge policies discussed a few weeks ago took effect for adjustment-of-status applications filed on or after September 18. The changes include broader scrutiny, revised forms and the possible use of public-charge bonds.

USCIS may now examine the applicant’s age; health; family status; assets, resources and financial condition; education and skills; and any other information it considers relevant. It may also consider any means-tested public benefits received on or after September 18. Benefits received before that date are subject to narrower rules.

Employment-based applicants generally remain subject to the public-charge ground even though they ordinarily do not require an affidavit of support. A USCIS bulletin specifically identifies priority workers, advanced-degree professionals, skilled workers, investors, religious workers and international broadcasters among the covered categories.

If USCIS finds an applicant inadmissible solely because the applicant is likely to become a public charge, it may invite the applicant—through a Notice of Intent to Deny—to post a cash or qualifying surety bond using Form I-945. It will not accept the form unless it has first invited the applicant to submit it.

The bond amount is discretionary and determined via a case-specific, totality-of-circumstances review by a USCIS officer who will estimate how much government assistance the applicant might receive during the next five years. (Expect a lot of variance.) The bond may be cancelled via submission of Form I-356 after five year of permanent residency, or otherwise upon the recipient’s death, naturalization, or abandonment of residency.

. . . and ICE continues to do awful things.

300 Koreans are suingover the Georgia Hyundai-LG raid. Agencies are redacting documents that would otherwise prove legal status. And This. Must Stop.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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