Alien Registration? The New Rule to Register Undocumented US Immigrants

The recent announcement of the Department of Homeland Security has stated that all undocumented immigrants in the country need to go through the registration process. As per the immigration officials, “people who will fail to do the following registration can face fines or imprisonment and in some cases both.”

A statement from India Today article states that people who are aged 14 and above who entered the US illegally are the ones who need to register, and for minors, their parents need to report that.

Here, we are going to take a detailed look at how this policy is going to impact the visa landscape, particularly the H1B visa procedure and the EB1A visa.

What is the Rule Behind the Registration Process?

The need for the registration process has there within the US jurisdiction since the time of World War II. As per the article on ABC News, “the alien registration law is there since 1940.” The current requirement of registration comes from the time when people used to enter the borders of the United States illegally.

The Homeland Security spokesperson, Tricia McLaughlin, states, “The Trump administration will enforce all our immigration laws — we will not pick and choose which laws we will enforce." Finding the roots of registering undocumented immigrants comes from the “Immigration and Nationality Act of 1952”.

Source: Immigration and Nationality Act

Why Registration is Not Applicable to Indian H-1B Holders?

The H1-B visa procedure is out of this registration process as it’s a non-immigrant visa and is applied for by employers to hire educated foreign citizens for specialized skills or knowledge.

As per the Times of India article, “72.3% of 386,000 H-1B visas granted last year were made to Indians.” GCEB1, like organizations, helps Indian professional aspirants working in the U.S. who want to get permanent residency through ethical counseling and mentorship.

Among the applicants for the H1-B visa, their educational qualifications and a valid job offer from one of the top US employers can help show that they are required in the country for specialized knowledge.

As per the USCIS Department, there will be some changes in the H-1B visa policy, not to stop foreign talent but to enhance transparency and flexibility for those quality candidates who are directly contributing to the growth of the economy.

The Department of Homeland Security states that the “Labor Condition Application” must be provided even to verify the employer’s legal status in the United States. The rationale behind this move is to ensure no one misuses the H-1B visa provision of the United States.

Source: H1B Visa New Rules

The Goal the US Immigration Service Wants to Achieve?

The executive orders signed by President Donald Trump are dedicated to achieving the presidential action of “Protecting the American People Against Invasion.” In the executive order, as per the publication of the White House, “The Attorney General, in coordination with the Secretary of State and the Secretary of Homeland Security,” all must work accordingly to prosecute the criminal offenses committed by unauthorized entry into the United States.

The goal has been set by the US Customs and Border Protection and the US Citizenship and Immigration Service to “Protect the public safety and national security interests of the American people, including by ensuring the successful enforcement of final orders of removal.”

It also serves as a warning to the people who are living in the United States illegally, and for them, it can be an alarming time when they might get detained or deported.

The impact of registration on illegal immigrants is still unclear and can only be judged by the implementation of the policy. As per the American Immigration Policy, “the registration will force the undocumented immigrants in the United States to check for legal status or face the risk of persecution.”

The psychological fear is permanent as it will send a notice to the immigrants that “the US government is cracking down on the illegal immigrants,” mentioned the immigration scholar Stephen Yale-Loehr.

Source: The Trump Administration’s Registration Requirement for Immigrants

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