As we reported on March 6, 2025, in our Alert, United States Citizenship and Immigration Services (USCIS) announced on February 25, 2025 a new registration procedure for foreign nationals in the United States. This procedure was announced in an effort to comply with the January 20, 2025 Executive Order entitled Protecting the American People Against Invasion, which directs the Department of Homeland Security (DHS) to ensure that foreign nationals register with the government under section 262 of the Immigration and Nationality Act (INA), and to treat failure to register as “a civil and criminal enforcement priority.”
An Interim Final Rule (IFR) with request for comments was published by DHS on March 13, 2025, to formalize the registration requirement and clarify how it will operate. The IFR also introduces the new Form G-325R, Biographic Information (Registration), which can be used by persons required to register. The IFR will not become effective until April 11, 2025.
Registration is not a new requirement, although it was not strictly enforced. Under the INA, all foreign nationals 14 years of age or older who were not fingerprinted and registered when applying for a U.S. visa or when entering the United States must apply for registration and be fingerprinted by DHS if the foreign national will remain in the U.S. for thirty days or longer. Once a foreign national has been registered and fingerprinted, DHS will issue evidence of registration, which foreign nationals over the age of 18 must carry and keep in their possession at all times. Failure to comply will result in criminal and civil penalties.
Most foreign nationals who are present in the United States and were 14 years or older at the time of admission have already met the registration requirement. This includes lawful permanent residents; foreign nationals paroled into the United States (even if the period of parole has expired); foreign nationals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (even if the period of admission has expired); foreign nationals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival; foreign nationals issued an employment authorization document (EAD); foreign nationals who have applied for lawful permanent residence using Forms I-485, even if the applications were denied; and foreign nationals issued Border Crossing Cards. Thus, an H-1B worker who was issued an I-94 form on entry to the United States would not need to register once again, nor would a person who has filed an I-485 adjustment of status application or has received an EAD. Persons who are in the United States for less than 30 days are also not required to register.
Foreign nationals who turn 14 while physically present in the U.S. are required to register or re-register within 30 days of reaching the age of 14 and have their biometrics collected. The requirement applies even if their parents previously registered them before reaching the age of 14, and even if they have documents that evidence their earlier registration. Legal permanent residents are also subject to this requirement and must re-register within 30 days of their 14th birthday, or within 30 days of returning to the U.S. if they were abroad when they turned 14.
For those individuals who must file a Form G-325R, the form must be filed online through a USCIS account. Information about the form and how it should be completed may be accessed on the USCIS’ website here: guidance. There is presently no fee required to file this form, but USCIS is considering imposing a $30 fee for the collection of biometrics and invites comments on this proposal. Once Form G-325R is filed, if biometrics are required, USCIS will schedule an appointment to collect the foreign national’s fingerprints, photo, and signature. At this appointment, it is entirely possible that Immigration and Customs Enforcement may be present in order to take into custody anyone who lacks authorization to be in the U.S. The registration process appears primarily to target foreign nationals who are present in the United States without authorization.
If an individual uses a G-325R to apply for registration, USCIS will issue a “Proof of Alien Registration” document once the registration process is completed. For individuals who are not required to compete biometrics, the registration document may be available immediately after submitting the G-325R, or after the individual has attended a biometrics appointment if biometrics are required.
Anyone who has been issued one of the documents designated as evidence of registration under USCIS regulations has met the registration requirement. Foreign nationals who are required to register but have not done so may consider creating a USCIS online account in preparation for the registration process, which will be in effect on April 11, 2025. Once the registration process is implemented, foreign nationals may submit a G-325R through their USCIS online account.
It is possible that USCIS’ new registration process may be subject to litigation. The decision by DHS to issue the regulation in the form of an IFR and thus sidestep the more common but much longer Notice of Proposed Rulemaking process may give rise to legal challenges that may result in the IFR being temporarily enjoined.
