Potential EB-5 investors have plenty to think about as they begin their EB-5 journey. From selecting the right project to establishing the best source of funds path, there is a laundry list of items for investors to navigate. Now investors also need to think about their social media footprints.
Recent changes under the current administration have added a new layer of scrutiny with enhanced social media vetting. As of 2025, this digital screening process is now formally embedded in immigration procedures, including those affecting EB-5 applicants.
Here is what potential EB-5 investors need to know.
Social Media Disclosure Is Now Mandatory
Under new directives issued in early 2025, the U.S. Citizenship and Immigration Services (USCIS) now requires applicants to disclose all social media account handles used in the past five years. This applies not only to EB-5 petitioners abroad but also to those filing from within the United States for adjustment of status or removal of conditions (I-485, I-829, etc.).
This change is part of a broader government effort to integrate “extreme vetting” measures, extending scrutiny beyond traditional financial or security concerns into digital behavior and online affiliations.
What Are They Looking For?
1. National Security Red Flags
The Department of Homeland Security (DHS) screens social media for content that may indicate:
- Ties to extremist ideologies or groups (terrorism, hate groups, etc.)
- Support for violence or incitement (e.g., posts glorifying political violence)
- Posts or follows linked to banned or high-risk entities
- Radical political content tied to foreign intelligence or influence campaigns
2. Immigration Fraud Indicators
USCIS cross-references social media against immigration filings to detect:
- Misrepresentation of personal details, such as:
- Marital status
- Employment history
- Location or travel history
- Fake or duplicate identities
- Inconsistencies with source-of-funds claims
- Lavish lifestyle posts inconsistent with claimed income
- Undeclared businesses or assets
3. Relationship and Identity Verification
Especially in family- or marriage-based petitions (or derivative EB-5 beneficiaries), officials may assess:
- Whether claimed family members actually appear in your life online
- If declared spouses/children seem to exist (or contradict known relationships)
4. Public Charge or Risk Profile
USCIS is increasingly cautious about:
- Evidence suggesting financial instability (e.g., repeated posts about debt, job loss)
- Illegal activity (e.g., drug use, fraudulent schemes)
- Open advocacy for refusing to comply with U.S. law or obligations
5. Social Media Behavior Patterns
Immigration agencies use AI and manual review to evaluate:
- Frequent interaction with suspicious accounts
- Use of multiple identities or aliases
- Activity on encrypted or hard-to-track platforms (e.g., Telegram, VK)
6. Posts That Contradict Application Intent
For EB-5 investors, USCIS may look for:
- Posts suggesting the applicant does not intend to reside permanently in the U.S.
- Indications that the U.S. investment is not bona fide (e.g., jokes about “buying” a green card)
How This Affects EB-5 Investors
From a practical standpoint, the new social vetting procedures could have implications for investors.
1. Expanded Background Checks
Social media profiles will be used to supplement existing background and fraud prevention efforts. For EB-5 investors, this could amplify scrutiny on your source-of-funds trail, personal connections, and even your political or ideological affiliations, especially if your posts raise any red flags.
2. Increased Risk of RFEs or Denials
A seemingly harmless social media post or follow could result in a Request for Evidence (RFE) or even lead to petition denial. Posts that are inconsistent with the information in your application, or that are flagged by Department of Homeland Security (DHS) systems, can delay or derail your case.
3. Digital Review at Interviews or Ports of Entry
Consular officers and U.S. Customs and Border Protection (CBP) officers are increasingly requesting access to digital content, even inspecting mobile devices or asking questions about online activity during visa interviews.
What EB-5 Investors Should Do Now
The good news for investors is that they know what to expect and should not be caught off guard. Investors can take steps in advance in preparation for social media vetting.
Audit Your Online Presence
Before filing any petitions:
- Review every account you’ve used in the last 5 years (Facebook, Instagram, LinkedIn, TikTok, X/Twitter, etc.).
- Remove or archive controversial, politically charged, or unclear content.
- Ensure consistency between what you’ve shared online and what’s declared in your immigration paperwork.
Be Transparent with Social Media Disclosure
Failure to disclose all social media handles—even inactive ones—may be seen as misrepresentation. Include every account to avoid complications.
Prepare Strong Financial Documentation
Your source-of-funds documentation should be airtight. Enhanced vetting means USCIS may cross-check financial claims with any available online evidence, including lifestyle indicators or business affiliations mentioned online.
Expect Longer Processing Times
With more in-depth vetting procedures and limited staffing at USCIS, petition reviews are taking longer. Investors should build in buffer time to accommodate potential delays.
While the new social media vetting process introduces a higher level of scrutiny, it is manageable with the right preparation. EB-5 investors who understand the implications, maintain transparency, and work with experienced immigration counsel can still navigate the path to a green card successfully.
Please note that the above article is intended for informational purposes only. Anyone who has specific issues dealing with social media vetting and the EB-5 process should consult with an experienced immigration attorney.
