New US Visa Policy: No Impact On H1-Bs

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April 14, 2025 07:54 IST

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'Of course, people will have to carry documents all the time. There is overall uncertainty in living in the US.'

Kindly note the image has been posted only for representational purposes. Photograph: Kind courtesy Gerd Altmann/Pixabay.com
 

The US government's new rule requiring all immigrants in the country to register using Form G-325R and carry proof of their legal status is unlikely to impact H1-B visa holders, green card holders, and people holding travel visas, said experts.

But this has led to anxiety and uncertainty among the Indian diaspora, including those with green cards.

'On January 20, 2025, President Donald Trump issued executive order 14159, protecting the American people against invasion, which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under Section 262 of the Immigration and Nationality Act (INA), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority,' said the United States Citizenship and Immigration Services (USCIS) website.

The move is part of Trump's attempt to crack down on illegal immigration and deport millions living illegally.

All non-citizens above 14, staying in the US for 30 days or more, must register with the government. Parents will need to register for their children under 14.

According to immigration lawyers, rules are not new, just that they are being enforced more stringently. Experts say that this is more of a procedural item for the industry.

A senior industry executive said that this is primarily targeted towards people who entered the US illegally.

"Mostly people on visas are registered. This will not impact the IT services industry. It is aimed at illegal migration," the person added.

"But, of course, people will have to carry the documents all the time. There is overall uncertainty in living in the US," added the person.

Another executive from a talent staffing firm said that most Indians carry their green cards or H1-B visas all times when they are in public and it would have little impact on their daily lives.

A mechanical engineer from India and working for a US multinational in Texas, Rajiv Shetty (name changed) said that so far there has not been much of an impact.

"Those who have valid visas and documentation need not worry. This is primarily targeted at illegal immigrants. But I assume many will be caught in this cross fire," he added.

Poorvi Chothani, immigration lawyer and managing partner of LawQuest, said that the new rules have led to concerns among Indians, who are residing in the US and even those who are returning Green Cards.

"Expect extra scrutiny on arrival, digital searches and extreme vetting. "Every traveller into the US is at the risk of digital searches if the CBP officer wants to do so," Chothani cautioned.

"Under this, all digital devices such as mobile phones and laptops may be searched," she added.

The latest rule will, however, add to the woes of Indian students.

A bill has been introduced in the US Congress to eliminate Optional Practical Training (OPT) work authorisation, that allows science, technology, engineering and mathematics (STEM) students to stay in the country for up to three years after graduation and find a job.

Failure to comply with registration rules may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration, the rules said.

Feature Presentation: Ashish Narsale/Rediff.com

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