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

The Department of Homeland Security has issued its final Alien Registration Rule, which clarifies that most H-1B visa holders and other authorized foreign nationals with unexpired Form I-94 records are already considered registered with the U.S. government. These individuals will not be required to file a separate online registration.

The rule, which implements a provision of the Immigration and Nationality Act, establishes a streamlined process for those who must register. For the majority of noncitizens, the existing Form I-94, issued upon admission or with an extension of stay, serves as proof of registration.

Under the final rule, only those foreign nationals who are not already registered and do not possess an unexpired Form I-94 will need to complete the new online registration process. The DHS has stated that this approach minimizes the burden on visa holders and avoids duplicative requirements.

The final rule follows a period of public comment and is part of broader efforts to modernize the registration system. It is expected to provide clarity for employers and foreign workers alike, ensuring compliance without imposing additional administrative steps for most H-1B beneficiaries.