USCIS PEAKS INTO FACEBOOK
The open forum comment that seemed to create the most chatter during the conference was when USCIS and the U.S. Department of Labor (DOL) both noted that they look to sources of information that are independent of the record established by a petition and its supporting documentation to verify the information contained therein. What this means is that the agencies now look to public information that is available on the web that concerns, for example, the finances or business operations of a sponsoring employer to determine whether that employer is, in fact, offering bona fide employment to a nonimmigrant worker.
Or, keeping this article about the beneficiaries, USCIS explained that it often searches through Myspace and Facebook, prior to marriage-based adjustment interviews, to see what the couple may be discussing with each other and their contacts and whether they entered into a bona fide marriage. In response to the murmur of objection that began to build throughout the room despite a relatively recent New York Times article that noted employers have been doing the same for quite some time, USCIS analogized its position to that of a bank that inquires into the financial viability of a prospective borrower. I am not so horrified by the idea of government agencies accessing information that people have themselves made available to the general public, depending, of course, on whether USCIS is accessing private profiles through agreements with these online social network providers. However, this analogy does highlight the USCIS mission as one that is primarily oriented around enforcement rather than the impartial adjudication of an established record, and justifies concerns that petitions could be denied for undisclosed reasons.USCIS PEAKS INTO FACEBOOK
The open forum comment that seemed to create the most chatter during the conference was when USCIS and the U.S. Department of Labor (DOL) both noted that they look to sources of information that are independent of the record established by a petition and its supporting documentation to verify the information contained therein. What this means is that the agencies now look to public information that is available on the web that concerns, for example, the finances or business operations of a sponsoring employer to determine whether that employer is, in fact, offering bona fide employment to a nonimmigrant worker.
Or, keeping this article about the beneficiaries, USCIS explained that it often searches through Myspace and Facebook, prior to marriage-based adjustment interviews, to see what the couple may be discussing with each other and their contacts and whether they entered into a bona fide marriage. In response to the murmur of objection that began to build throughout the room despite a relatively recent New York Times article that noted employers have been doing the same for quite some time, USCIS analogized its position to that of a bank that inquires into the financial viability of a prospective borrower. I am not so horrified by the idea of government agencies accessing information that people have themselves made available to the general public, depending, of course, on whether USCIS is accessing private profiles through agreements with these online social network providers. However, this analogy does highlight the USCIS mission as one that is primarily oriented around enforcement rather than the impartial adjudication of an established record, and justifies concerns that petitions could be denied for undisclosed reasons.USCIS PEAKS INTO FACEBOOK
Comment