USCIS Alien Registration Requirement: Key Details of the New Policy Effective April 11, 2025

On April 11, 2025, USCIS’s Alien Registration Requirement came into effect. This registration requirement was created in President Trump’s Executive Order (EO) entitled “Protecting the American People Against Invasion.” Please read the following article to learn more information about the details of the requirement.

Key points to know:

• The Registration Requirement applies to all non-citizens (including Legal Permanent Residents).

• The great majority of legal nonimmigrants and green card holders are considered to have already be “registered” by virtue of current status (i.e. the required registration steps are inherent in how legal status was obtained).

• Non-Citizen children may have to re-register when they turn 14.

• Longer-term business or family visitors may have to re-register.

• There is a documentation “carry papers” requirement to evidence registration or re-registration.

• A long-standing USCIS change of address requirement may soon be enforced.

• Individuals who are not in a legal status should consult immigration attorneys now about the requirement and inherent risks.

• Willful failure or refusal to register carries a potential fine of up to $5000 and imprisonment for up to six months or both.

This requirement can be found at: Alien Registration Requirement | USCIS. Note that the Rule and Myriad Statuses and combinations of documents is extensive. We have summarized below what we believe are the key points for our clients. Please consult the Rule directly if your situation is not outlined below, or schedule a consultation with my office.

Who is already registered:

• Lawful permanent residents (“green card” holders);

• Non-citizens admitted to the United States as nonimmigrants (including H-1B, H-4, L-1, L-2, O-1, TN) and issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;

• Non-citizens issued an Employment Authorization Document (EAD card);

• Non-citizens who 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;

• Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);

• Non-citizens who remain in the U.S. for fewer than 30 days;

• Non-citizens from Visa Waiver Program (VWP) countries who were granted ESTA travel authorization;

• Non-citizens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;

• Non-citizens who have been placed into removal proceedings by DHS; and

• Non-citizens who have been issued Border Crossing Cards.

Who Needs to Register:

• Permanent residents who obtained their green cards when under the age of 14 must register and complete fingerprinting within 30 days of reaching the age of 14;

• Any non-citizen 14 years of age or older who was not registered and fingerprinted when applying for a visa to enter the U.S. and who remains in the United States for 30 days or longer;

• Canadian visitors staying more than 30 days who enter the U.S. at land ports of entry if they do not apply for an I-94 record;

• Non-U.S. citizen children under age 14 who have not previously registered and who will remain in the U.S. for 30 days or more (These children will be issued proof of registration, but are not required to complete fingerprinting until they turn 14);

• All Non-U.S. citizen children, whether previous registered or not, who turn 14 years old in the U.S. must update their registrations and be fingerprinted within 30 days of their 14th birthday; and

• Persons who entered without inspection and who have not been fingerprinted in connection with any application for immigration benefits (note: these individuals should consult with immigration counsel to understand the risks first).

If Required, How to Register:

If you have a non-citizen child that is about to turn 14 and/or know someone that needs to be registered, this is completed online through an individual USCIS account using a new Form G-325R (See My USCIS https://my.uscis.gov/ and Biographic Information (Registration) | USCIS Each noncitizen must have a unique account, and registrations are completed and under the purview of the individual (employers are not involved in this process).

Further guidance about the registration requirements and the penalties for non-compliance can be found here, Alien Registration Requirement | USCIS.

There is no specific deadline date noted in the Rule, other than the obligation for children under 14 to register within 30 days of their 14th birthday.

Proof of Registration “Carry Papers” Requirement:

The law requires all individuals that have registered who are over 18 to carry proof of registration at all times. Failure to do so could amount to a misdemeanor punishable by a fine of up to $5,000 or imprisonment of not more than 30 days, or both. If you do not register as required, and later apply for another immigration benefit, it may be a reason to deny the benefit.

All Non-citizens should print out a copy of their most recent I-94 (which can be obtained here https://i94.cbp.dhs.gov/I94/#/home ) in conjunction with a copy of their most recent nonimmigrant I-797 Approval Notice. This means that:

• Lawful permanent residents must carry their original green cards (if expired, carry also hard copy of receipt for extension);

• H-1B nonimmigrants should carry their most recent I-94 and original H-1B Approval Notice;

• F-1 nonimmigrants with OPT/STEM OPT should carry their most recent I-94 and original EAD card; and

• All others with EAD cards should carry a copy of their most recent I-94 card and EAD card

Address Change Requirement:

The recent Executive Order also reminds non-citizens of the longstanding requirement that they must register any change of address with USCIS within 10 days. The change of address report must be completed using Form AR-11 and be submitted through the USCIS Online Account website. Instructions can be found here How to Change Your Address | USCIS and https://www.youtube.com/watch?v=dVxmhxYnZcE

Failure to do so can result in a fine of up to $5,000 and/or up to 30 days imprisonment and may result in removal.

AILA has provided a digital flyer that you can share: Understanding the Alien Registration Requirement. If you have any questions, please do not hesitate to contact Law Office of Adrienne J. Vaughan, LLC.