Key Points
- The Department of Homeland Security (DHS) has introduced a new registration rule for foreign nationals staying in the US for 30 or more days.
- Noncitizens 14 years or older who were not previously fingerprinted when applying for a visa are required to undergo mandatory fingerprinting.
- Effective Date: The rule takes effect on April 11, 2025, and the public comment period ends that day.
- Compliance Requirements: Registered individuals over 18 must carry proof of registration and notify DHS of address changes within 10 days.
- Penalties for Noncompliance:
- Failure to register: Up to $5,000 fine or 6 months imprisonment.
- Failure to carry proof of registration: Misdemeanor, up to $5,000 fine or 30 days imprisonment.
- Failure to update address: Misdemeanor, up to $5,000 fine or 30 days imprisonment.
- Exemptions: Certain visa holders, lawful permanent residents, and individuals staying less than 30 days are not required to register.
Interim Final Rule on The Foreign National Registration Form and Evidence of Registration
New DHS Registration Requirement for Noncitizens Staying Over 30 Days
On March 12, 2025, the US Department of Homeland Security (DHS) published a new rule requiring noncitizens staying in the US for 30 days or more to register and provide fingerprints. Per President Trump’s Executive Order issued January 20, 2025, DHS has been directed to ensure that all foreign nationals 14 years or older who were not already fingerprinted or registered when applying for a US visa now register per the Immigration and Nationality Act section 262. The interim final rule will take effect on April 11, 2025, and will remain open for public comment through the end of that day.
Key points of this Interim Final Rule include:
Registration Requirements:
- Who needs to register: Noncitizens over 14 years old staying in the US for 30+ days, with some exceptions.
- Children under 14: Parents/guardians must register them. Fingerprinting is required within 30 days of their 14th birthday.
- Canadians Must register for business for 30+ days if entering the US.
Compliance:
- Carry proof of registration if you are 18 or older.
- Notify DHS of address changes within ten days.
Penalties:
- Failure to register: Up to $5000 fine or 6 months imprisonment.
- Failure to carry proof: Misdemeanor with up to $5000 fine or 30 days imprisonment.
- Noncompliance with address change notification: Misdemeanor with up to $5000 fine or 30 days imprisonment.
Exemptions:
- Certain visa holders who were already registered and fingerprinted. The following documents will usually indicate that a person has been registered and fingerprinted:
- In some situations, an individual may have one of these documents and still need to be registered (i.e., a foreign national who entered through a US land border and was issued an I-94 but was not fingerprinted)
- Lawful permanent residents
- Foreign nationals paroled into the US under INA 212(d)(5), even if the period of parole has expired
- Foreign nationals admitted to the US as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired
- All foreign nationals present in the US who were issued immigrant or nonimmigrant visas before their last date of arrival
- Foreign nationals whom DHS has placed into removal proceedings
- Foreign nationals issued an employment authorization document
- Foreign nationals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied, and
- Foreign nationals issued Border Crossing Cards
- Individuals in the US for less than 30 days
- Specific groups, such as American Indians born in Canada
Streamlined Online Registration: Key Steps and Updates from US Citizenship and Immigration Services (USCIS)
This new rule aims to simplify the registration process by offering an online registration option. The advanced copy of the Interim Final Rule is available here.
In conjunction with the Final Rule, USCIS updated its website with a summary of the registration requirements and process.
The steps required are:
Step 1: Create a USCIS Online Account
- Each foreign national submitting Form G-325R, including children under 14, must have an individual USCIS online account.
Step 2: Submit Form G-325R
- Form G-325R, Biographic Information (Registration), must be filed online through a USCIS account. It cannot be filed by mail or in person.
Step 3: USCIS review of Form G-325R
- USCIS reviews the form and determines if registration requirements have already been met.
Step 4: Attend an appointment for biometrics collection
- See Preparing for Your Biometric Services Appointment for more information about what to expect.
Step 5: Receive registration documentation
- A notice (USCIS Proof of G-325R Registration) providing proof of registration will be posted to the USCIS online account.
For any questions about the registration requirements or process, please consult with immigration counsel.
[1] In some situations, an individual may have one of these documents and still need to be registered (i.e., a foreign national who entered through a US land border and was issued an I-94 but was not fingerprinted).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
