UNITED STATES – Updated registration rules for foreign nationals.

April 17, 2025

By: Elizabeth Kumbhari, Managing Partner, Go Global Immigration, PLLC

On January 20, 2025, President Trump issued Executive Order 14159, Protecting the American People Against Invasion, which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.

The alien registration requirement is not new—it dates to 1940, when Congress passed laws requiring all foreign nationals to register with the federal government. The new Executive Order (14159) directs the Secretary of Homeland Security to take all appropriate action to identify “unregistered illegal aliens” residing in the United States.

In response, the Department of Homeland Security (DHS) clarified who needs to register and how they can submit information. DHS’ Interim Final Rule (IFR), which took effect on April 11, 2025, requires non-citizens who remain in the US for 30 days or more to register and to carry proof of their registration with them at all times.

The following foreign nationals are already registered.

Anyone who has been issued with one of the documents designated as evidence of registration under 8 CFR 264.1(b) has already registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b) has complied with the registration requirement of INA 262. Aliens who have already registered include:

• Lawful permanent residents;
• Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
• Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
• Aliens whom DHS has placed into removal proceedings;
• Aliens issued an employment authorization document;
• Aliens who have 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; and
• Aliens issued Border Crossing Cards.

The following foreign nationals are not registered.

• Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:
• Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
• Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

The following foreign nationals must register.

Individuals who fall into the “Who is not registered?” section above must now register. This includes:

• All aliens 14 years of age or older 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. They must apply before the expiration of those 30 days;
• The parents or legal guardians of aliens less than 14 years of age: Parents or legal guardians must apply for the registration of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, before the expiration of those 30 days; and
• Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Note: American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Kickapoo Traditional Tribe of Texas who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

Those who have already complied with their duty to register and been fingerprinted (if required) in connection with a current stay in the United States of 30 days or more and have not reached their 14th birthday in the United States since registering should not submit this form.

Foreign nationals must carry proof of registration.

All registered foreign nationals must carry proof of registration on their person at all times in the United States. The available proof of registration will depend on the category under which the foreign national is registered, as listed above. For example, lawful permanent residents should carry their permanent resident cards (green cards). Non-immigrants, such as H-1B and L-1 visa holders, should carry a physical copy of the Form I-94 record or the nonimmigrant visa in the passport.

Requirement to update address changes.

While not a new requirement, it is important that all foreign nationals who have filed for an immigration benefit request with USCIS, continue to notify USCIS of any changes of address within 10 days of moving. More information on this requirement can be found at https://www.uscis.gov/ar-11.

To learn more information about the alien registration requirement, please contact Newland Chase or visit https://www.uscis.gov/alienregistration.