What Business Immigration Clients Need to Know.
On March 12, 2025, the U.S. Department of Homeland Security (DHS) is published an Interim Final Rule (IFR) that requires certain individuals to register their presence in the United States and provide fingerprints if they stay for 30 days or more. The rule introduces an online registration option for those who are not yet registered. The rule also introduces harsher penalties for failure to report address changes.
Key Requirements and Who is Affected
The new rule mandates that starting April 11, 2025, all noncitizens residing in the U.S. for 30 days or longer must register and provide fingerprints (fingerprinting is waived for children under 14 years old). Noncitizens who are already registered do not have to register again1; however they are still required to report a change of address within 10 days of any move.
Exemptions apply to certain visa holders who have already undergone registration and fingerprinting, such as nonimmigrant visa holders, green card holders, those in the U.S. for less than 30 days, and some American Indians.
Registration does not create any kind of immigration status, legal pathway, or benefit. Registration may expose individuals to immigration enforcement. Failure to register can expose individuals to fines, imprisonment, and denial of future benefits.
Special notice for dependent children: Any noncitizen, whether previously registered or not, who turns 14 years old in the United States, must register within 30 days after their 14th birthday.
Who is Registered?
The USCIS website says these people are registered:
• Lawful permanent residents [2];
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired [3];
• All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival [4];
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
• Aliens issued Border Crossing Cards.
The USCIS website says these people are NOT registered:
• Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border without inspection and admission);
• Canadian visitors who did not receive an I-94 upon entry5 and are staying 30 days or longer;
• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).
Compliance Steps and Penalties
To comply, individuals must:
1. (If not already registered) Register and Provide Fingerprints: Failure to do so can result in fines up to $5,000, imprisonment for up to 180 days, or both. Fraudulent registration is grounds for deportability.
2. Carry Proof of Compliance: Those 18 and older must carry evidence of registration and fingerprinting at all times. Noncompliance may lead to a misdemeanor charge, with penalties including fines up to $5,000 and imprisonment for up to 30 days. May also lead to adverse discretionary decisions or findings of lack of good moral character.
3. Notify DHS of Address Changes: Changes of address must be reported in writing within 10 days. Noncompliance may lead to a misdemeanor charge, with penalties including fines up to $5,000 and imprisonment for up to 30 days. May also lead to adverse discretionary decisions or findings of lack of good moral character.
Proof of registration can include various documents like Form I-94, Form I-551 (Permanent Resident Card), or the “Proof of Alien Registration” generated after completion of Form G-325R with biometrics. It is a best practice to print out your evidence of registration. Handing a scan of a document on your phone to an immigration agent may be considered giving consent to search your phone.
Using the New Online Registration Option
The IFR introduces Form G-325R, which allows online registration through a MyUSCIS account. This option, currently free with potential future fees, triggers (unless exempt) a Biometrics Services Appointment at a USCIS Application Support Center (“ASC”). Successful registration allows individuals to download and print proof of registration, which they must carry at all times.
What questions are on the form? A sample of the form’s questions are available here.
Can an attorney complete the online registration form for me? Unlike some forms that have a feature allowing an attorney to prepare the application and then send it to the client’s MyUSCIS account for approval, the G-325R does not have this feature. Therefore, it may be tricky for an attorney to complete or review an application. To discuss representation on a registration application with our office, please schedule a consultation.
What happens after you register? Once biometrics is completed or waived, the USCIS website will generate a “Proof of Alien Registration” with a unique identifier printed on the document. This Proof of Alien Registration document will then be posted to the alien’s myUSCIS account. The applicant should then print and carry the document as proof of registration.
Further Resources
• American Immigration Council Fact Sheet
• Presidents’ Alliance on Higher Education and Immigration Fact Sheet
• National Immigration Law Center FAQ
Additional Support
If you require more detailed advice tailored to your specific situation, JSPBC offers comprehensive paid consultations. These sessions are designed to provide you with the necessary information for successful compliance with registration requirements and address any unique concerns you may have.
[1] With the exception of children who turn 14 years of age who must re-register and provide fingerprints.
[2] See note 1.
[3] Note that this conflicts with 8 CFR 264.1(b) which states that “a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport constitutes evidence of registration” (emphasis added).
[4] See note 1.
[5] As a best practice Canadian travelers should always request an I-94 upon admission if they do not already have a multiple-entry I-94. Canadians entering via air and sea ports are usually automatically issued an I-94 upon admission. Canadians traveling via the land border can apply for a provisional I-94 on the CBP Home app.
DISCLAIMER
This outline is not intended as legal advice in any specific case. The facts of a specific case may render the information in this outline inapplicable.
Copyright 2025, Jewell Stewart Pratt Beckerson & Carr PC
