U.S. Immigration Alerts

FGI UPDATES: THIS WEEK’S SUMMARY OF US IMMIGRATION NEWS

United States Expands Online Presence Reviews to TN, TD, and I Visa Applicants

Beginning October 1, 2026, the U.S. Department of State will expand its online presence review process to people applying abroad for TN, TD, and I nonimmigrant visas. These categories cover qualifying professionals under the United States-Mexico-Canada Agreement (USMCA), their dependents, and representatives of foreign media. Applicants will be instructed to make their social media profiles public or open so consular officers can review social media activity along with information available through websites and online databases. The announcement does not explain the exact review standard, but information viewed by the government as derogatory could lead to additional security screening, longer processing times, or a possible visa refusal.

Key Points

• Effective Date: The expanded review begins October 1, 2026. It applies to covered applicants seeking visas at U.S. consulates outside the United States.
• Covered Visa Categories: The policy adds TN applicants who are USMCA professionals, TD applicants who are their dependents, and I visa applicants who are foreign media representatives. These groups will join several other nonimmigrant categories already subject to online presence review.
• Scope of Review: An applicant’s online presence may include social media accounts and activity, as well as information found in online databases and on websites. Applicants in the added categories will be instructed to set their social media privacy settings to public or open to support the review.
• Unspecified Standards: The State Department announcement does not describe the precise standards consular officers will use when evaluating online material. Content perceived as derogatory may prompt more extensive security screening.
• Possible Outcomes: Additional screening may lengthen visa processing. In some cases, it may also contribute to a visa refusal.

What Employers Need to Know

• Travel Planning: Employers should account for the new review when employees or their dependents will apply for TN, TD, or I visas abroad on or after October 1, 2026. Because expanded screening may cause delays, travel and work-start timelines may need additional flexibility.
• Applicant Preparation: Covered employees and family members should know that the State Department is instructing them to make their social media profiles public or open. Employers may wish to direct applicants to qualified immigration professionals for case-specific guidance rather than advising them on how to alter or remove online content.
• Processing Risk: The absence of a published review standard makes individual outcomes difficult to predict. Employers should be prepared for possible additional screening, delayed visa issuance, or refusal if the government identifies concerning information.
• Scope Awareness: The change concerns visa applications processed at U.S. consulates abroad. Employers should identify which workers and dependents will need a visa appointment and build the added review into immigration planning.

Looking Ahead

• Broader Screening Trend: The October expansion continues a phased extension of online presence reviews across nonimmigrant visa categories. The process has applied to F, M, and J applicants since late June 2025; H-1B and H-4 applicants since December 2025; and specified A-3, C-3, G-5, H-3, H-4, K, Q, R, S, T, and U applicants since March 2026.
• Potential Delays: If online reviews generate more security checks, some applicants could face longer periods of administrative processing. Employers may therefore need contingency plans for delayed travel, onboarding, or return to the United States.
• Need for Further Guidance: Future State Department or consular guidance may clarify how online information is assessed and whether particular procedures apply. Until then, applicants and employers may continue to face uncertainty about how the review will affect individual cases.
• Possible Further Expansion: The phased history of the policy suggests that online presence review could be extended to additional visa classifications in the future. Any further change would depend on later government announcements and should be monitored rather than assumed.

Overall, the October 1, 2026 change places TN, TD, and I visa applicants within the State Department’s expanding online review framework. Applicants will be expected to make social media profiles accessible for consular review, while employers should plan for the possibility of added scrutiny and processing delays. Because the government has not published a detailed evaluation standard, careful advance planning and case-specific advice from an immigration professional may be important for affected travelers and organizations.

OFLC Publishes New Records Management Page

On September 17, 2026, the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) published a new Records Management page on its Foreign Labor Certification website. The resource explains OFLC’s records retention policy, including how the Foreign Labor Application Gateway (FLAG) keeps and disposes of records. It also offers guidance on searching for and retrieving case information from FLAG. The page is available at https://www.dol.gov/agencies/eta/foreign-labor/records-retention, and questions about records retention may be sent to OFLCRecordsManagement@dol.gov.

Key Points

• Publication Date: OFLC published the new resource on September 17, 2026. It appears on the agency’s Foreign Labor Certification website.
• Records Retention Policy: The page summarizes OFLC’s approach to retaining records. This information gives users a central place to understand how the agency manages case-related materials over time.
• FLAG Record Handling: The resource explains how the Foreign Labor Application Gateway, known as FLAG, retains and disposes of records. This guidance helps users understand the lifecycle of information maintained in the system.
• Case Information Access: The page provides guidance on searching for and retrieving case information from FLAG. Users can consult it when they need help locating records associated with a filing.
• Online Resource: The Records Management page is available at https://www.dol.gov/agencies/eta/foreign-labor/records-retention. Questions about OFLC records retention may be directed to OFLCRecordsManagement@dol.gov.

What Employers Need to Know 

• Central Reference: Employers now have a dedicated OFLC webpage that brings together information about records management. The resource can help organizations understand how foreign labor certification records are retained and handled.
• FLAG Searches: Employers and their representatives can use the page’s guidance when searching for or retrieving case information in FLAG. Following the published instructions may make it easier to locate available case records.
• Record Lifecycle: The page explains both retention and disposal practices within FLAG. Because OFLC deletes FLAG case records five years after the final determination date, employers should download and retain their own copies of filings and supporting materials before that deadline.
• Questions and Support: Employers with questions about OFLC records retention can contact the OFLC Records Management office at OFLCRecordsManagement@dol.gov. The contact is specifically provided for records-retention inquiries.

Looking Ahead

• Improved Access: A centralized records-management page may make OFLC information easier for applicants, employers, and representatives to find. Its usefulness will depend on users consulting the guidance and on OFLC keeping the material current.
• More Consistent Practices: Clearer explanations of FLAG retention and disposal may encourage more consistent recordkeeping by users. Organizations may review their internal procedures in light of the published policy.
• Future Updates: OFLC may revise the page if its systems, retention practices, or retrieval procedures change. Employers and representatives should monitor the resource for updated instructions rather than assuming the current guidance will remain unchanged.
• Ongoing Clarification: Questions submitted to the OFLC Records Management office may identify areas where users need additional explanation. Any resulting clarification would depend on future agency communications.

Overall, OFLC’s new Records Management page gives employers, applicants, and representatives a single source for understanding records retention and disposal in FLAG and for learning how to search for and retrieve case information. The resource also provides a direct point of contact for records-retention questions, making it easier for users to seek clarification from the OFLC Records Management office.