H-2A Alert: New USCIS Registration Requirement

H-2A ALERT: NEW USCIS REGISTRATION REQUIREMENT

The USCIS is now requiring certain foreign nationals to undergo a registration process and is requiring registered individuals over 18 to carry proof of their registration at all times. This requirement is related to President Trump’s executive order “Protecting the American People Against Invasion,” which he signed on January 20, 2025. Interestingly, this requirement is not new. It comes from a statute that has been on the books since 1952 but has rarely been enforced.

The rule applies to individuals who are older than 14 and who have been or will be in the U.S. for more than 30 days. However, individuals who were inspected and lawfully admitted (including H-2A workers and their family members), do not need to undergo registration as long as their status is valid, since they are inspected and issued nonimmigrant visas before coming to the U.S.

That being said, H-2A workers and any family members above 18 are still required to carry proof of their registration at all times–including their visa and I-94 form. Failure to carry proof of registration could lead to penalties, including arrest and deportation. 

It is therefore crucial that all H-2A employers ensure that workers and their family members are aware of this requirement and keep copies of their visas and I-94 documents on hand at all times. 

There is some debate among experts about whether individuals should keep original documents on hand or if copies will suffice. To date, the USCIS has not issued clarification on this, but the majority of experts believe that copies should be sufficient and recommend having workers carry copies to avoid losing their original documents. We, too, suspect that copies will be sufficient, but we will notify you immediately if the USCIS says otherwise or if we hear of cases where copies are insufficient.  If you've digitally onboarded your workers in our premium software, the workers should have unique links to access their documents at any time.

We have also heard rumors that this requirement may face litigation, but, for now, those rumors are just that.

As always, we’ll continue to monitor the situation and provide updates as they become available. If you have any questions, feel free to reach out to us. We’ll be happy to help!