Pros and Cons of Social Media in the Immigration Space

By U.S. Immigration Attorney Seth Finberg

Social media is a good and bad thing, right? We try to watch how much time we spend on various platforms and limit screen time for our kids. However, not all social media is bad or inherently dangerous. LinkedIn is a professional platform that provides business networking opportunities and helpful information. Additionally, short-form video platforms such as TikTok, YouTube Shorts, and Instagram inform and entertain. 

How can Immigration Law be covered properly and appropriately on social media? Let’s start with the positives. I have a moderate social media presence in my own practice, and it’s helpful in attracting new clients. I can give out free and limited but accurate information about my expertise. A lot of what I post about relates to employment-based immigration, specifically immigration in the field of aviation along with those with extraordinary and exceptional abilities. You may hear the terms EB-1A and EB-2 NIWs floated around a lot on the various mediums. Without social media, many talented individuals (often my potential clients) will never learn about self-petitioned green cards. 

Immigration trends, tips on how to file stronger cases, and debates on the best visa options make up many of the social media searches. Even some “less complicated” areas of immigration law are covered in depth, such as student visas, visitor visas, and many marriage and family-based immigration paths. I say “less complicated”  lightly, because nothing is super simple regarding U.S. Immigration Law.  However, some visas and green cards are slightly more straightforward than others. 

Many experienced and qualified immigration attorneys post on social media. Some, like me, come up with our own unique content. Others like to re-post helpful posts from their colleagues or other trusted sources.  Even the comments can be a great source of questions and additional insight from informed followers. Many of my fellow attorneys are great sources of information, and sometimes they get the news before I do.  Social media is like having your own team of experts. You just have to ensure you properly vet who you rely on in your inner circle.

Now let’s discuss the negatives. As you probably already know, not everything on social media is accurate, properly researched, or written without harmful bias or agendas.  You have to know who to trust. Who is a reliable source?  Do you trust anyone who calls themselves an immigration attorney?  What about an attorney who started practicing last month?  

How do you know they are even an attorney?  People can pose as attorneys or call themselves immigration “consultants” or “experts” with very little regulation or policing. Now there is nothing wrong with following non-attorneys.  Some of them have some very helpful and interesting posts, especially experienced paralegals. Just make sure you don’t rely on legal advice from those not qualified to provide it.  

“I see videos all the time online that might be funny or clever but are full of incorrect or misleading information. Beware of scammers or those looking simply for clicks and advertising revenue, especially in the monetized platforms. Just these past few months there were probably tons of posts on the H-1B lottery along with its problems and challenges. “

Following someone who went through the H-1B or NIW process themselves might be a worthwhile information source. However, their past experiences are not necessarily what you will experience, their case may be vastly different than yours, and they might not be telling you the whole truth.  

“Some people were lucky.  Some only post about their successes and good fortune.  Do you ever hear about their failures? Just keep your eyes and ears open for stories that sound too good to be true. There are also downfalls to running a social media account for your own work or practice. Your account may become inundated with direct messages. The worst part is spam.”

Desperate people (or bots) have enough abundant free time to flood your mailbox with solicitations. Additionally, you get connection or follow requests from people who end up simply trying to sell you something, often repeatedly.

Often, legitimate messages or inquiries from colleagues or potential clients get lost in the sea of spam. I always encourage real communication, such as contacting me directly rather than simply contacting my social media account. However, some people prefer to communicate via DMs, so don’t discount that option entirely without thinking it through.   

Do what feels right, of course. Experiment with trial and error as a source of information and your own social media fact-gathering. There is no perfect solution. Follow accounts on social media to get some of your information. Maybe you first heard about an EB-1A green card from social media. When you are finally ready to learn more, you should contact a qualified immigration attorney for a fair evaluation of your case.  

If you follow someone knowledgeable on social media, perhaps schedule a consultation but ensure they are a lawyer and not just a social media lawyer. Ensure they handle your case and not just farm it in some referral program. Remember, no one can give legal advice outside of an attorney-client relationship.  

This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.

About the Author

U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar, the American Immigration Lawyers Association (AILA), and serves on the Business and Investment Committee for the South Florida chapter of AILA. Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at seth@finbergfirm.com or www.finbergfirm.com.