DHS Issues Registration Changes for Foreign and Canadian Nationals, Child Visa Holders

This Holland & Knight alert details new U.S. Department of Homeland Security (DHS) rules amending a preexisting but rarely enforced registration requirement for foreign nationals, including Canadians and child visa holders on their 14th birthday.

What Is the Name of the New Registration Rule?

On March 12, 2025, DHS published an Interim Final Rule titled Alien Registration Form and Evidence of Registration.

What Is the Purpose of the Registration?

The new rule amends a preexisting requirement that required foreign nationals to register their physical presence in the U.S. and provide their fingerprints if they are in the U.S. for 30 days or longer.

When Was the New Registration Rule Effective?

The new registration requirement became effective April 11, 2025.

How Do Travelers to the U.S. Comply with the New Registration Requirements?

To satisfy the registration requirements, one must be registered and fingerprinted, then carry evidence of their registration as follows:

• Upon entering the U.S., a foreign national can request that a U.S. Customs and Border Protection (CBP) officer take fingerprints and issue a Form I-94. Form I-94 is usually issued electronically and, after entry into the U.S., can be downloaded from the CBP's website.
• Within seven days of their trip to the U.S., foreign nationals can request a Form I-94 by visiting the CBP's Form I-94 website, selecting the "Apply Now" or "Apply for new I-94" link, entering the requested information, paying a $6 fee, downloading their Form I-94 and presenting it to CBP when entering the U.S.
• If a foreign national is not provided a Form I-94 and not fingerprinted upon entering the U.S. or does not apply for a Form I-94 in advance of his or her travel to the U.S. – then they will need to comply with the registration requirements from within the U.S. by submitting a Form G-325R, Biographic Information (Registration), a new form created for purposes of the new registration requirement, as well as attending a Biometric Services Appointment at a USCIS Application Support Center as follows:
  • Create an individual USCIS account by visiting the MyUSCIS website and follow the instructions, being sure to write down sign-in details and placing them in a safe place as the filer will need them again.
  • Select "File a Form Online," then "G-325R, Biographic Information (Registration)" from the drop-down menu.
  • Enter the requested information and upload supporting materials, if needed, then review, digitally sign and submit the application through the MyUSCIS account (currently, there is no USCIS filing fee to submit a Form G-325R).
  • Upon submission, USCIS will issue a USCIS filing receipt that contains the USCIS receipt number for the submitted G-325R, which can be found under the "Documents" tab of the MyUSCIS account. Subsequently, USCIS will issue a Biometrics Services Appointment Notice with the specific location of the Application Support Center, along with the date and time of the biometrics appointment.
  • Applicants must attend the scheduled biometrics appointment at the specific USCIS Application Support Center with a copy of the Biometrics Services Appointment Notice and a photo identification, as required in the instructions.
  • At the Biometrics Services Appointment, the Application Support Center representative will stamp the Appointment Notice with the date of the appointment. This endorsed Appointment Notice should be carried by the foreign national as evidence that he or she has fulfilled the new registration requirement.
  • Lastly, monitor the MyUSCIS account for any USCIS adjudication updates relating to the Form G-325R.

Does This Affect Canadian Nationals?

Historically, the U.S. government has not required Canadian nationals to fulfill the requirements of Section 262 of the Immigration and Nationality Act (INA) detailed below. However, DHS has confirmed that it will consistently enforce the registration and fingerprinting requirements on Canadian nationals. As such, and as with other foreign nationals in the U.S., Canadian nationals who are 14 years of age or older who stay in the U.S. for 30 days or longer will be required to register with the U.S. government and be fingerprinted unless they have already been registered and fingerprinted. The likely Canadian nationals for whom the new registration rule will have an impact are those who are 14 years or older who entered the U.S. via a land port of entry upon applying for admission to the U.S. as a business visitor or tourist and who will stay in the U.S. for more than 30 days.

What Canadian Nationals Are Exempt from the Registration Requirement?

The following Canadian nationals are exempt from the registration requirement:

• those in the U.S. for less than 30 days
• those who are U.S. lawful permanent residents (green card holders)
• those who are issued a Form I-94 admission record at a port of entry
• those who are under 14 years of age (those who will turn 14 years of age are required to comply with the new registration requirements within 30 days of their 14th birthday even if they have previously been considered registered through the issuance of a Form I-94)
• those who have already been registered and fingerprinted through their U.S. visa application
• those who hold A (diplomat or foreign government official) and G (employee of a designated international organization) visas
• certain American Indians born in Canada who are present in the U.S. under the authority of 8 U.S.C. § 1359 applicable to American Indians born in Canada

What Is the Evidence of Registration Requirement?

The new registration rule requires that all foreign nationals over the age of 18, including all Canadian nationals, carry evidence of their registration with DHS. As such, foreign nationals in the U.S. must carry at least one of various listed documents to evidence that he or she has complied with the registration requirements, including:

• Form I-94 Admission Record
• Form I-186 Nonresident Alien Canadian Border Crossing Card
• Form I-586 Nonresident Alien Mexican Border Crossing Card
• Form I-551 Permanent Resident Card
• Form I-766 Employment Authorization Document
• Proof of Registration upon submission of Form G-325R and completion of biometrics

Caution for Children with Green Cards

Children who turn 14 years old and who have green cards must submit a Form I-90 (Application to Replace Permanent Resident Card) as early as 30 days prior to their birthday or within 30 days after their 14th birthday to reregister and get fingerprinted. This is required even if the expiration date of the child's green card is after their 14th birthday.

What Is the Background for This Registration Process?

This new rule is based on INA Section 262 that, with limited exceptions, requires all foreign nationals 14 years of age and older to apply for fingerprinting and registration if they were not fingerprinted when applying for a U.S. visa or admission to the U.S. and they remain in the U.S. for 30 days or longer.

Any Additional Advice?

The registration process is not flexible. Most embassies and consulates do not require children 14 years of age or younger to attend visa appointments with their parents. As such, this new registration rule is likely to affect children who came to the U.S. with their parents when their parents are already in compliance. DHS Secretary Kristi Noem announced that the U.S. government plans to fully enforce the registration obligations, and those who fail to register (and fail to let USCIS know when they change addresses, which has been a requirement for many years now) will be subject to criminal and civil penalties up to and including misdemeanor prosecution, the imposition of fines and incarceration.

How Holland & Knight Can Assist

Holland & Knight's immigration lawyers are skilled at guiding clients through the new registration requirements and can provide assistance on related strategies. If you have any questions about the new registration requirements or current immigration landscape, please contact the author or another member of Holland & Knight's Immigration, Nationality and Consular Team.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.