May 25, 2012

Is USCIS Monitoring Foreign Nationals via Social Networking?

As the popularity of social networking sites such as Facebook, MySpace and others sites increases, foreign nationals should be aware that U.S. Citizenship and Immigration Services (USCIS)’s Office of Fraud Detection and National Security (FDNS) has targeted social networking sites as part of its fraud investigations.

USCIS established the FDNS in part to conduct site visits of employers that sponsor foreign nationals for work-related visas. FDNS site visits are conducted to investigate immigration benefit fraud and to ensure that benefits are not granted to persons who threaten national security or public safety. FDNS also conducts what it calls "unannounced cyber 'site visits'" on petitioners and beneficiaries. In a statement obtained via the Freedom Of Information Act (FOIA), USCIS observed that

Narcissistic tendencies in many people fuels a need to have a large group of "friends" link to their pages and many of these people accept cyber-friends they don’t even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities.

So, is USCIS monitoring foreign national "status" updates? The answer is clearly, "Yes, they are."

© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Dinsmore & Shohl LLP’s Immigration Group represents a wide range of publicly traded companies, multi-national corporations, privately held businesses, universities, research institutions, arts and entertainment organizations, professors, and professionals with respect to both work visa and permanent resident (green card) cases. Led by two partners long recognized in the field of immigration law, the group has significant experience in many other areas related to the U.S. immigration system, including visa applications at United States Consulates, labor certification proceedings...

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