US DHS Clarifies Alien Registration Rules, No New Obligations for H-1B, Students

The US Department of Homeland Security (DHS) has finalised its alien registration regulations, making it clear that H-1B professionals, international students, green card holders and those who are already considered registered do not have to undergo the online registration process introduced last year.

The Final Rule, issued on Monday night (India time), does not impose any fresh registration obligations or widen the categories of foreign nationals required to register. Instead, it formally adopts the online registration framework that has been in force since April 2025 and clarifies certain aspects of the rule after considering public comments.

For thousands of Indian families in the US, the most significant clarification concerns dependent children. DHS has now stated that foreign national children who turn 14 while in the US and will remain there for 30 days or more must register or re-register online within 30 days of their fourteenth birthday and undergo biometric collection, even if they had been registered earlier.

Mitch Wexler, senior counsel at Fragomen, a global immigration law firm told TOI, “The clarification is relevant for children of H-1B professionals, L-1 executives, international students and temporary visa holders who entered the US before turning 14. When the registration system was implemented last year, there was an element of ambiguity which now stands clarified.”

DHS also clarified that children who are lawful permanent residents (green card holders) need not complete the online registration after turning 14. They will meet the re-registration requirement by filing Form I-90 to replace their green card, as already required under existing law.

The agency emphasised that the Final Rule does not alter the scope of the registration requirement. Foreign nationals who entered the US on a valid visa or were issued an I-94 admission record, Employment Authorisation Document (EAD), green card or other qualifying immigration document continue to be regarded as already registered and are exempt from the separate online registration process. However, they must continue to carry proof of their immigration status and report change of address.

The online registration requirement primarily impacts foreign nationals without lawful immigration status (illegal or undocumented immigrants). According to DHS, there were 2.2 lakh illegal immigrants from India as of 2022.

The registration regime stems from President Donald Trump’s Jan 2025 executive order directing DHS to strictly enforce longstanding alien registration laws. DHS subsequently introduced the online registration process through an Interim Final Rule in March 2025. Subsequently in April, a district court had rejected a request from several immigration advocacy groups to block the rule, concluding that the plaintiffs lacked the legal standing necessary to pursue their case.