How Are Indian H1-B Visa Holders Affected by the New US Immigration Rule?

Washington DC: The US Department of Homeland Security (DHS) recently issued a stern warning that all foreign nationals in the United States, including those on valid visas or work permits, will be required to carry documentation at all times. This includes Indian workers holding H1-B visas and international students, many of whom are from India.

The new directive, issued on Friday, mandates that "all noncitizens 18 and older must carry this documentation at all times."

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The DHS further emphasised that the administration would prioritise enforcement and warned that there would be no leniency for noncompliance. This comes after a US district court ruling allowed the Trump administration to proceed with a requirement that all individuals in the country illegally must register with the federal government and carry identification documents.

How are Indians Affected?

As per the rules, foreign nationals who are already registered, such as those who entered the US on valid visas or hold green cards, employment authorization documents, or a border crossing card, won't be affected by the new requirement.

However, those who are already registered, including Indian workers H1-B visa holders, will still need to comply with the new mandate and carry their documents with them at all times.

Legal experts argue the decision could place immigrants, including many Indians, in a difficult situation, as they are now faced with the potential for deportation if they fail to comply with the documentation rule.

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What are the DHS Registration Guidelines?

According to the DHS, individuals who have been in the US for more than 30 days as of April, and lack proof of registration, must register by the specified deadline.

For individuals arriving on or after April 11, 2025, they must complete their registration within 30 days of entering the US if they don’t have prior registration documentation.

Children turning 14 while in the U.S. are required to update their registration and submit fingerprints within 30 days of their 14th birthday, regardless of previous registration.

For minors under 14, it is the responsibility of their parents or legal guardians to ensure their child is registered if they remain in the US for 30 days or more.