- Certain visa holders have completed registration and fingerprinting. The following documents usually confirm that a person has been registered and fingerprinted:
- There are some situations where an individual may have one of these documents and still need to be registered (e.g., a foreign national who entered through a U.S. land border and was issued an I-94 but was not fingerprinted).
- Lawful permanent residents;
- Foreign nationals paroled into the U.S. under INA 212(d)(5), even if the period of parole has expired;
- Foreign nationals admitted to the U.S. as nonimmigrants receive Form I-94 or I-94W (paper or electronic), even if their period of admission has expired;
- All foreign nationals in the U.S. obtained immigrant or nonimmigrant visas before their last arrival date;
- 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, I-700 and provided fingerprints (unless waived), even if the applications were denied; and
- Foreign nationals issued Border Crossing Cards.
- Individuals in the U.S. for less than 30 days.
- Specific groups, such as American Indians born in Canada.
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Immigration News Alert
Final Rule on Foreign National Registration Requirements
Interim Final Rule on The Foreign National Registration Form and Evidence of Registration
Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. This update outlines the Department of Homeland Security’s new rule requiring foreign nationals to register for stays exceeding 30 days.
New DHS Registration Requirement for Noncitizens Staying Over 30 Days
On March 12, 2025, the U.S. Department of Homeland Security (DHS) published a new rule requiring noncitizens staying in the U.S. 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 U.S. 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 who are staying in the U.S. for 30+ days, with some exceptions.
- Children under 14: Parents/guardians must register them. They must complete fingerprinting within 30 days of their 14th birthday.
- Canadians: Must register if entering the U.S. for business for 30+ days.
Compliance:
- Carry proof of registration if 18 or older.
- Notify DHS of address changes within 10 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:
Streamlined Online Registration: Key Steps and Updates from USCIS
This new rule aims to streamline the registration process with the option for online registration. 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 registration 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 online account. It cannot be filed by mail or in person.
Step 3: USCIS review of Form G-325R
- USCIS reviews the form and determines whether the applicant has already met the registration requirements.
Step 4: Attend appointment for biometrics collection
- See Preparing for Your Biometric Services Appointment for more information about what to expect.
Step 5: Receive registration documentation
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USCIS will post a notice (Proof of G-325R Registration) providing proof of registration to the online account.
For any questions about the registration requirements or process, please consult with immigration counsel.
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Envoy is pleased to provide you with this information, which was prepared in collaboration with Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.