On March 12, 2025, the US Department of Homeland Security (DHS) published an Interim Final Rule (IFR) implementing the Alien Registration Requirement announced in February, in response to the president’s Executive Order 14159. The IFR will take effect on April 11, 2025.
- All foreign nationals 14 years of age or older who were not registered and fingerprinted (if required) when applying for a US visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting.
- Parents and legal guardians of foreign nationals below the age of 14 must ensure that those foreign nationals are registered.
- Within 30 days of reaching his or her 14th birthday, all previously registered foreign nationals must apply for re-registration and to be fingerprinted.
- The interim final rule contains special registration requirements for Canadians who entered the U.S. at the U.S.-Canada land border, were not issued an I-94 arrival/departure form, and plan to stay in the U.S. for more than 30 days.
- Legal immigrants, including those with non-immigrant visas and those with an I-94, are exempt from the additional registration requirement. Still, they must carry a copy of their I-94 at all times to avoid the registration penalties.
- Foreign nationals visiting the U.S. for less than 30 days are also exempt from registration.
Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other US law.
Key Updates & What to Expect
To ensure that foreign nationals present in the United States have a way to register and meet their obligation under INA 262, USCIS has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered foreign nationals may register and comply with the law as required by the INA.
- Submission of the registration in myUSCIS (currently free of charge) initiates the process for the foreign national’s Biometrics Services Appointment at a USCIS Application Support Centre (ASC).
- USCIS contacts the registrant regarding the biometrics services appointment and the collection of biometrics, including fingerprints, photograph and signature.
- Once a foreign national successfully completes his or her biometrics appointment at an ASC, the ELIS case management systems will trigger the creation of “Proof of Alien Registration” with a unique identifier printed on the document.
For those foreign nationals, such as Canadian nonimmigrants and those under the age of 14, required to register but for whom the fingerprint requirement is waived, the ELIS case management system will trigger the creation of the “Proof of Alien Registration” upon receipt of Form G-325R. This Proof of Alien Registration document will then be posted to the foreign national’s myUSCIS account. This can be downloaded and printed.
Once a foreign national has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which foreign nationals over the age of 18 must carry and keep in their personal possession at all times.
Erickson Insights and Analysis
Congressional Democrats, the American Civil Liberties Union, and the Brennan Center sent a letter to the Trump administration, calling Trump’s executive order related to the rule a “troubling and misguided interpretation of the Constitution.” The interim final rule is expected to be challenged in federal court.
The rule was published on March 12 and is set to go into effect on April 11, 2025. DHS has requested public comment on the option of adding a biometric services fee per registrant of USD 30. Members of the public who wish to submit a comment on the rule can do so until April 11 at the following link. A summary of the rule can be found here.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.