Background on Registration for Foreign Nationals
Effective April 11, 2025, an Interim Final Rule promulgated by the Department of Homeland Security (DHS) amends existing regulations to require certain foreign nationals to complete a new online registration form, as well as to provide biometrics (for DHS background checks), in order to comply with the existing registration requirement of the Immigration and Nationality Act (INA).
The INA has long required foreign nationals applying for a U.S. visa to undergo registration and fingerprinting, as well as foreign nationals 14 years and older who remain in the United States for 30 days or longer. In accordance with President Donald Trump’s executive order requiring federal agencies to increase vetting of foreign nationals, the Interim Final Rule aims to ensure compliance with the long-standing registration requirement for foreign nationals, and to impose severe penalties on those who fail to comply.
Who is Already Registered?
Most foreign nationals and their family members who are currently in the United States have likely already registered, or are not required to register, and therefore do not need to take any action at this time. The individuals who are already registered include:
- Those who were issued nonimmigrant or immigrant visas prior to arriving in the United States and completed the registration process when applying for the visa.
- Those who are in the United States for fewer than 30 days.
- Foreign government officials (e.g., those on A or G visas) who are exempt from registration.
- Those who have been issued any of the following documents:
- Arrival/Departure Record (i.e., Form I-94 or Form I-94W);
- Green Card (i.e., Form I-551);
- EAD (i.e., Form I-766);
- Receipt notice for an Adjustment of Status application, when the foreign national has provided fingerprints (i.e., Form I-797C);
- Valid, unexpired DHS nonimmigrant admission or parole stamp;
- Canadian or Mexican Border Crossing Card (i.e., Form I-185 or I-186)
- Certain crewmen landing permits;
- Notice to Appear (i.e., Form I-862), as well as certain other documents related to deportation or removal proceedings; and
- Certain other documents, including receipt notices for applications for classification as a refugee or temporary residence status.
Who Is Required To Register?
A small number of foreign nationals, and/or their family members, may be required to take action to register under the Interim Final Rule, including:
- Certain Canadian Nationals
- Canadians who entered as visitors, did not receive Form I-94, and who remain for 30 days or longer.
- Canadians who entered through a land border, did not receive Form I-94, and who remain for 30 days or longer.
- Children Turning 14
- Foreign national children, whether or not previously registered, who turn 14 must register or re-register within 30 days of their birthday.
- TPS, Asylum, DACA, and Undocumented Foreign Nationals
- Foreign nationals in the United States under programs such as Temporary Protected Status (TPS), Asylum, and Deferred Action for Childhood Arrivals (DACA), who have not been issued an Employment Authorization Document (EAD) or any other form of registration.
- Those who entered the United States without inspection, admission, or parole.
How To Register
Foreign nationals who are required to register based on the information above must complete the new Form G-325R online by following these steps:
- Access the individual’s existing myUSCIS Account (or create a new account if one does not already exist)
- Access or create your myUSCIS account.
- A parent or guardian should create the myUSCIS account for any children under 14.
- Complete Form G-325R
- Once logged in to your myUSCIS account, complete Form G-325R.
- USCIS has issued detailed guidance on the registration process, including completing Form G-325R.
- Note that only the foreign national (or the parent or guardian of any children under 14) may complete and submit the form.
- Attend the Biometrics Appointment
- USCIS will schedule an appointment to collect photos, fingerprints, and signatures.
- Note that children under 14 and some Canadian nationals may be exempt from the biometrics requirement.
- Obtain “Proof of Alien Registration” Certificate
- After attending the biometrics appointment (or after submitting Form G-325R if exempt from biometrics), the foreign national should download and print the registration certificate, which will automatically generate in their myUSCIS account.
- Once issued, foreign nationals should always carry a copy of their Proof of Alien Registration certificate, together with any other documents required to evidence their compliance with immigration laws (e.g., I-94, original Green Card, EAD, etc.).
Penalties for Noncompliance
The Interim Final Rule imposes severe penalties for failure to comply with the registration requirement, including imprisonment for up to six months, or a fine of up to $5,000, or both. Moreover, failure to comply could trigger deportation proceedings.
Note that all foreign nationals 18 years and older are required to carry documentation evidencing their compliance with the registration requirement, such as their I-94, original Green Card, EAD, etc. For those who must carry an I-94, we recommend carrying a printout of the I-94 (from the CBP.gov website) given the regulations are silent on whether a picture of the I-94 on a phone will satisfy this requirement. Furthermore, foreign nationals are required to notify the government of a change of address within 10 days of moving by completing Form AR-11. Failure to comply with either of these requirements is punishable by imprisonment for up to 30 days, or a fine of up to $5,000, or both. Failure to comply could also trigger deportation proceedings.
Next Steps for Employers and Foreign National Employees
Although the Interim Final Rule does not go into effect until April 11, 2025, Form G-325R is already available to complete and submit via the link above. We encourage clients to ensure that their foreign national employees are familiar with the details of the registration requirement, and to ensure that all employees required to register complete the process as soon as possible. Moreover, employers should remind all foreign national employees of their obligation to carry proof of registration at all times.
Please note, DHS took the position that this new regulation is merely procedural and therefore does not need to go through standard notice requirements. A recently filed lawsuit has challenged the Interim Final Rule and it is possible that we will see changes to or an abandonment of the Interim Final Rule in the near future.
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