The US Department of Homeland Security (DHS) has introduced a new interim final rule, effective April 11, 2025, requiring certain foreign nationals staying in the United States for 30 days or more to register with the government and provide biometric data.
The rule follows Executive Order 14159, Protecting the American People Against Invasion, issued by President Trump on January 20, 2025, and signals a renewed focus on enforcing existing registration obligations under Section 262 of the Immigration and Nationality Act (INA).
Rule change from April 11, 2025
Starting April 11, 2025, most noncitizens aged 14 or older who were not previously registered and fingerprinted during the visa process and who remain in the US for more than 30 days will be required to complete registration.
Parents or legal guardians must register children under 14. Once a previously registered child turns 14, they must re-register and complete fingerprinting within 30 days.
Previously, many foreign nationals lacked a direct method to comply with registration requirements, especially those who were not fingerprinted or issued documentation at entry. The new rule addresses that gap by introducing an online process for registration using a newly developed form, G-325R (Biographic Information – Registration), facilitated through a USCIS online account.
Who is affected by the new registration requirement?
The rule applies to noncitizens who are in the US for 30 days or more and were not fingerprinted or issued evidence of registration at entry. Commonly affected individuals include:
- Canadians entering the US by land who were not issued a Form I-94.
- Foreign nationals who entered without inspection.
- Noncitizens who overstayed their visa duration.
- Visitors without an electronic or paper Form I-94 or evidence of fingerprinting.
Impact on Canadian visitors
The rule has sparked uncertainty for Canadians, particularly those who frequently winter in the US. While many Canadians are automatically issued Form I-94 when entering by air, those crossing at land ports often are not. If no I-94 or similar documentation is found, registration may be necessary. Travelers can verify their status on the US Customs and Border Protection I-94 website.
Although DHS has said that Canadians lawfully admitted by US border officials are considered registered, inconsistencies in documentation make voluntary registration advisable to avoid enforcement issues.
Exemptions
Certain groups are exempt, such as lawful permanent residents, those paroled under INA 212(d)(5), foreign nationals already registered during the visa process, those issued Employment Authorization Documents and individuals who have applied for permanent residency and submitted fingerprints.
Travelers remaining in the US for fewer than 30 days are also exempt.
How to register
Individuals who fall within the rule’s scope must complete registration through a five-step process:
Step 1: Create a USCIS Online Account – Each person, including children, must have an individual account.
Step 2: File Form G-325R Online – The form can only be submitted digitally; paper submissions are not accepted.
Step 3: USCIS Review – The agency will determine if registration has already been fulfilled.
Step 4: Biometric Appointment – If required, individuals must attend a fingerprinting appointment.
Step 5: Receive Proof of Registration – Registered individuals aged 18 and older must carry proof at all times.
Penalties for non-compliance
Failure to comply with the registration requirement can result in serious consequences.
Failure to register could see fines of up to $5,000 and up to six months of imprisonment, and as this offense is considered a misdemeanor, it may appear on a person’s record and carry legal consequences beyond the immediate penalties.
There is also a requirement to update DHS with any change of address within ten days. Failure to comply can result in similar penalties—misdemeanor charges, fines and possible incarceration.
Foreign nationals aged 18 or older must also carry proof of registration at all times. If found without documentation, they may be charged with a misdemeanor, fined up to $5,000 or sentenced to a maximum of 30 days in jail.
Individuals who are in the US without having completed the required registration, and who lack proper documentation, may be detained by immigration authorities. US Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) may initiate removal proceedings if the person is found to be in violation of registration rules or other immigration laws.
Noncompliance would therefore be damaging to an individual’s standing with US immigration authorities; a history of failing to register or keep information up to date can negatively affect future applications for visas, green cards, extensions of stay or employment authorization. Evidence of noncompliance may also be raised during immigration interviews or border inspections and can delay or derail pending applications. Immigration officers may view such violations as signs of disregard for US law, which can influence discretionary decisions on eligibility for benefits or admission.
Immigration officers also have the authority to deny admission at the border where they identify a history of noncompliance – such as where a foreign nationals has previously failed to register. In some cases, travelers may not even be allowed to board a US-bound flight if flagged during pre-clearance procedures.
Violation | Penalty |
---|---|
Failure to register | Up to $5,000 fine or six months imprisonment |
Failure to carry proof of registration | Misdemeanor with up to $5,000 fine or 30 days imprisonment |
Failure to report address changes | Misdemeanor with up to $5,000 fine or 30 days imprisonment |
Need assistance?
Anyone who believes they may be subject to the rule should act quickly to determine their status and take appropriate steps to avoid enforcement action. Even unintentional noncompliance can result in fines, detention or lasting issues with US immigration records.
Those affected should take immediate steps to determine their registration status and, if necessary, complete the required steps to avoid penalties. If you are unsure of your obligations under the rule, contact our US immigration attorneys for guidance.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/