Executive Summary: A new USCIS policy update emphasizes the government’s existing authority under INA 313(a) to deny or revoke immigration benefits for “anti-American” activity. The law does not define that term clearly, and it’s increasingly being used to target social media posts, protest participation, or political opinions. Visa holders should understand that the Secretary of State can revoke a visa at any time, and free speech protections may not apply. Employers should educate foreign workers on how political speech can impact immigration status.

A new USCIS policy update is putting long-standing legal power into active use, and it’s raising major concerns for visa holders and applicants. Under INA 313(a), the government can deny or revoke immigration benefits if it believes an individual is engaged in activities deemed “against the U.S. government.” The recent guidance does not create new law, but it signals an aggressive shift in how existing authority is being used.

If you are a visa holder, applicant, or employer sponsoring foreign talent, this matters more than you think.

What Is INA 313(a)?

INA 313(a) is a section of U.S. immigration law that allows the government to deny benefits to anyone who is affiliated with, supports, or encourages opposition to the U.S. government or its institutions. That language is intentionally broad. And now, it’s being cited more frequently.

USCIS updated its guidance in 2024 to clarify how this authority can be used. It focuses on issues like “anti-American” activity, affiliation with extremist groups, or even statements made in public forums. The key concern here is discretion. USCIS and the Department of State have wide authority to determine what crosses the line, and once they make that judgment, there is often no appeal.

The Secretary of State Can Revoke a Visa at Any Time

This is not new. The Secretary of State has always had the power to revoke a visa without a hearing. What is new is how often that power is being used. Since Secretary Rubio took office, we have seen a spike in discretionary revocations tied to political speech, particularly around topics like Palestine, U.S. foreign policy, and public criticism of government actions.

We have seen clients receive revocation notices via email, often without any clear explanation. These messages simply say the visa is no longer valid and request that the individual return to their home country. In many cases, they don’t need to leave, but their ability to travel is cut off immediately.

What Counts as “Anti-American”? That’s the Problem.

There is no formal checklist of what counts as anti-American. The government does not define it clearly. Think of it like the old Supreme Court quote on obscenity: “You know it when you see it.” That’s not much guidance for people trying to stay compliant.

We have seen visa holders flagged for social media posts, attendance at peaceful protests, and even reposting content critical of U.S. policy. None of these are crimes. But the government does not need a conviction to act. They just need to believe you are a “bad actor.”

Do Foreign Nationals Have Free Speech Rights?

That’s a gray area. The First Amendment protects speech in the U.S., but courts have not fully resolved how much protection visa holders or applicants have when it comes to political expression.

Foreign nationals do have some constitutional protections while in the U.S., for example, under the Fourth and Fifth Amendments. But the First Amendment is murkier, especially when the issue is whether someone should be allowed to enter the country in the first place.

In other words, even if you are in the U.S. legally, your speech can still be used against you during an immigration process, especially if the government believes your comments show a lack of allegiance or intent to harm.

What This Means for Japanese Businesses and HR Leaders

For Japanese-owned companies operating in the U.S., this may seem like a distant issue. But it’s not. Visa holders working for your company can face unexpected denials or revocations if they have posted or shared content that raises red flags.

It does not need to be extreme or threatening. If an adjudicator does not like what they see, they can use INA 313(a) to deny or revoke. That puts your team and your business at risk, especially if you rely on E, L, or H-1B employees.

We recommend HR teams educate employees about online activity, privacy settings, and the real legal risks of casual posts.

The U.S. government has long had the power to deny or revoke immigration benefits for political reasons. Now, it’s using that power more openly, especially under INA 313(a). Whether or not it holds up under constitutional scrutiny, the impact is immediate and serious. If you are here on a visa, or you are sponsoring someone who is, it’s not enough to follow the rules on paper. You also need to think about perception, because perception is what’s being adjudicated.

Need help evaluating risk or responding to a visa denial or revocation? Contact Valvo & Associates. We provide honest advice and clear strategies for those who cannot afford to guess.