United States Citizenship and Immigration Services (USCIS) has announced the implementation of the registration requirement and fingerprinting process for non-US citizens to comply with their statutory and regulatory mandates to register with the United States government. The interim final rule, published on March 12, impacts any non-US citizens who intend to stay in the United States for more than 30 days and who have not previously registered and completed fingerprinting.
Who is Required to Register?
All non-US citizens are required by Section 264 of the Immigration and Nationality Act to register with the Department of Homeland Security and, if required, provide their fingerprints. Regulations specify that this registration is accomplished via Form I-94 for nonimmigrants (temporary visa holders) and Form I-551 (the Permanent Resident Card or “green card”) for immigrants. Most visa holders have already complied with the process if they applied abroad at a US consulate or embassy. Permanent residents also completed the process when acquiring their green card.
In short, who needs to register includes:
- All non-US citizens who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
- Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
- Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
- Nonimmigrants, such as F-2, H-4, or J-2 children of nonimmigrants, who obtained their nonimmigrant visa or last entered the United States under age 14 are required to register by creating an account on the myUSCIS website and filing Form G-325R. Parents of children are responsible for ensuring their children’s fingerprinting.
- Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.
I have an H-1B, F-1, O-1, etc. What do I need to do?
Probably nothing. All nonimmigrants who entered the United States with a visa issued after 2004, or who departed and reentered the United States through an airport after 2004, have been registered and (if required) fingerprinted in accordance with Section 264. Therefore, nearly all lawful nonimmigrant visa holders should have no additional obligation under the new USCIS procedure. However, nonimmigrants who entered under age 14 and turned 14 while in the United States must update their registration and be fingerprinted within 30 days after turning 14.
I am a green card holder. What do I need to do?
All green card holders over age 14 were registered and fingerprinted as part of the green card application process. Therefore, lawful permanent residents have no additional obligations under the new registration process. Green card holders who obtained their status before age 14, after turning 14, need to replace their green cards and be fingerprinted by filing Form I-90 instead of Form G-325R. You should also carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
I am on an H-1B, F-1, O-1, etc. but have a child under 14 who was not fingerprinted when we got our visas. What should I do now?
Parents with children under 14 years of age on H-4, F-2, O-3, and similar dependent statuses, must ensure their child is fingerprinted upon reaching age 14. Once your child turns age 14, you should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. If your child was most recently issued a visa while under age 14, and is now older than 14, you should complete their Form G-325R on or before April 11, 2025. If you have questions about the registration process for your children, you should contact your Klasko Law attorney.
I need to register. What is the process?
You must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s information as well as parental information. Once Form G-325R is submitted, USCIS should provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting. If you are registering a child who is a permanent resident and has turned 14 after becoming a permanent resident, complete Form I-90 instead of Form G-325R.
Is there a deadline I need to register by?
The initial deadline to register is April 11, 2025, which is 30 days after the publishing of the Interim Final Rule. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.
Is there a penalty for not registering?
Yes. Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5,000, or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.
I don’t believe I have ever been registered or fingerprinted, or I am not currently in any valid immigration status. What should I do now?
This new registration procedure triggers other provisions of the Immigration and Nationality Act that make it a criminal misdemeanor to knowingly fail to register when required by the Act. If you do not have a green card and are not in valid nonimmigrant status (e.g. if you have overstayed your visa or have violated your nonimmigrant status), you should consult with a Klasko Law attorney about your obligations and options under this new registration procedure.
I’ve registered and been fingerprinted. What else do I need to do?
Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. For nonimmigrants (F-1, B-3, H-4, etc), a printout of your I-94 from the CBP website is your proof of registration. For green card holders, your green card is your proof of registration. For others, proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.
If you have any questions or concerns about the content of this alert, please contact one of our employment-based immigration attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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