U.S. Citizenship and Immigration Services announced its alien registration requirement on February 25, requiring many classes of foreign nationals in the U.S. to register with USCIS and submit fingerprints. Individuals older than 18 years of age will also be required to carry proof of registration at all times. You can find more information on USCIS’ webpage at Alien Registration Requirement.

This requirement applies to foreign nationals who enter the U.S. and remain for more than 30 days without submitting to inspection at an immigration port of entry and securing lawful admission.

Foreign nationals required to register include some Canadian visitors, persons in the U.S. under Deferred Action for Childhood Arrivals (DACA) status, and individuals present under Temporary Protected Status (TPS), which has been granted in the past to victims of natural disasters in other countries, but who lack an Employment Authorization Document (EAD).

H-2a agricultural employees lawfully admitted under that program are not required to register and are considered to be registered for the purposes of the new requirement. H-2a employees should be reminded to carry proof of their legal status at all time, such as a passport, visa, or USCIS Form I-94 entry form.

Individuals who fail to comply with the new registration requirement are liable for civil and criminal penalties. The apparent impact for agricultural employees who are not legally present in the U.S. is to give immigration enforcement authorities grounds to apprehend and deport long-present individuals who fail to register and will therefore lack proof of registration.