DHS has issued an Interim Final Rule (IFR) that creates a new online registration process for certain foreign nationals and introduces biometric collection and background checks.
The new process primarily affects foreign nationals without lawful immigration status who have not previously satisfied the INA registration requirement.
Most foreign nationals present in the U.S. on a visa, green card, employment authorization document (EAD), border crossing card, or I-94 record are already registered and generally will not be affected.
Foreign national children under 14 who do not already have an accepted form of registration must be registered by their parents and will be required to re-register and undergo biometrics collection upon turning 14.
Failure to register, failure to carry proof of registration, or failure to comply with change-of-address notification requirements may result in fines and possible incarceration.
The Issue
DHS has issued an IFR amending foreign national registration regulations to implement a new online registration process for individuals who have not previously satisfied the INA registration requirement. The regulation takes effect on April 11, 2025, but the new DHS Online Registration form is available for immediate use.
Background
U.S. immigration law has long required foreign nationals to be registered and fingerprinted when applying for a visa. Under the INA, nearly all foreign nationals 14 years or older who were not registered in connection with a visa application and who remain in the U.S. for 30 days or longer must apply for registration and fingerprinting within 30 days of entry. Parents or guardians must register their foreign national children under 14, and children must re-register and undergo biometrics within 30 days after turning 14.
DHS’s IFR follows an executive order aimed at enforcing compliance with these registration requirements. The regulation creates a structured online process to ensure that foreign nationals meet registration obligations, and it clarifies the consequences of noncompliance.
Who Is Exempt from Registration?
The following foreign nationals are exempt from the registration requirement and will not need to complete the new process:
- Individuals who were issued a visa prior to entry and were registered at the time of their visa application.
- Foreign government officials and international organization representatives on A or G visas.
- Foreign nationals staying in the U.S. for fewer than 30 days.
Who Is Already Considered Registered?
Foreign nationals who hold certain immigration documents are already considered registered and will generally not need to undergo the new process. These documents include:
- I-551 Permanent Resident Card (Green Card)
- Border Crossing Card (BCC)
- I-766 Employment Authorization Document (EAD)
- I-94 or I-94W Arrival-Departure Record
- DHS-issued nonimmigrant admission or parole stamps in foreign passports
- I-862 Notice to Appear (for those in removal proceedings)
- Certain crewmen landing permits
- Documents issued in connection with adjustment of status, refugee classification, or temporary residence applications
Who Must Register Under the New Process?
The IFR aims to capture individuals who were previously unregistered, including:
- Foreign nationals of any age who entered the U.S. unlawfully without inspection and remain for 30 days or longer without any evidence of prior registration, such as an EAD or Notice to Appear.
- Visa-exempt Canadian visitors for business or pleasure who entered at a land port-of-entry without an I-94 and remain in the U.S. for 30 days or more.
- Foreign nationals turning 14 years old while in the U.S. who must register or re-register within 30 days of their birthday and undergo biometrics collection.
Registration for Children Turning 14
Foreign national children who entered the U.S. without a visa and were under 14 at the time of entry must register within 30 days of their 14th birthday. Even if previously registered by a parent, they must complete biometrics collection.
It is currently unclear whether children who entered the U.S. on derivative visas (e.g., H-4 or L-2) must also register at 14. DHS is expected to issue further guidance on this issue.
The New DHS Online Registration Process
Foreign nationals required to register must follow these five steps:
- Create a myUSCIS account – Parents or guardians can create accounts for minors under 14.
- Complete and submit Form G-325R – This online form collects biographic and immigration-related details, including contact information, address history, date of last U.S. entry, activities in the U.S., and criminal history.
- Attend a biometrics appointment (if applicable) – If required, USCIS will notify individuals to complete fingerprinting, photo capture, and signature collection.
- Undergo background and security checks – DHS will conduct criminal history screenings through the FBI.
- Receive proof of registration – A document with a unique identifier will be generated through the myUSCIS account, which the individual must carry at all times.
For those exempt from biometrics collection—such as children under 14 or visa-exempt Canadians—the Proof of Alien Registration document will be issued immediately after online submission.
DHS Online Registration Legal and Compliance Implications
- Registration does not provide lawful status, work authorization, or immigration benefits.
- Failure to comply may result in significant fines (up to $5,000), imprisonment (up to six months), or removal from the U.S.
- Foreign nationals, including visa holders and lawful permanent residents, must carry proof of registration and notify DHS of address changes within ten days.
- Noncompliance with address change requirements may lead to detention or removal unless the foreign national can show the failure was not willful.
DHS’s Use of an Interim Final Rule
DHS has issued this rule as an IFR without prior notice-and-comment rulemaking, asserting that it merely formalizes an existing requirement rather than imposing a new obligation. However, this approach may face legal challenges.
The rule takes effect on April 11, 2025, but DHS is accepting post-publication public comments:
- Comments on the regulation are due by April 11, 2025.
- Comments on the Form G-325R process are due by May 12, 2025.
Next Steps
- Form G-325R is available now on the myUSCIS website.
- Canadian nationals who enter via land borders without an I-94 and stay for 30+ days must register.
- Parents of nonimmigrant children under 14 should monitor DHS guidance on whether their children must register at 14.
- Individuals without lawful status should consult an immigration attorney before registering.
Goel & Anderson is closely monitoring the implementation of this process and will provide updates as additional guidance is issued. For further assistance, please contact our legal team.
