Department of Homeland Security has finalized the alien registration rule, ensuring no new, additional requirements for H-1B visa holders

The rule implements a provision of the Immigration and Nationality Act that requires certain aliens to register with the federal government. DHS determined that the existing I-94 process already satisfies this requirement for most nonimmigrants, including H-1B workers, who receive an I-94 upon admission to the United States.

For those without an unexpired I-94, such as certain individuals who entered without inspection or overstayed their authorized period, the rule establishes a new registration process. These individuals will need to create an online account and file Form G-325R, providing biographic and contact information.

The final rule takes effect 30 days after publication in the Federal Register. DHS officials said the rule aims to streamline compliance while avoiding duplicate paperwork for the majority of foreign nationals already in the system.

Employers and immigration attorneys have been monitoring the rule since it was proposed, concerned about potential new burdens on visa holders. The final version addresses those concerns by explicitly exempting those with valid I-94s from additional steps.