Certain Noncitizens in the U.S. Must Now Register Under the U.S. Department of Homeland Security’s New “Alien Registration Requirement”

U.S. Citizenship and Immigration Services (USCIS) announced a new regime—based on an existing provision of the Immigration and Nationality Act (INA) (Section 262)—that will require certain non-citizens present in the U.S. to digitally register with the government. This is being called the “Alien Registration Requirement.” We note the Trump Administration’s February 26, 2025, update to the USCIS Policy Manual replacing all instances of the term “noncitizen” with the term “alien” as a part of the ongoing politicized landscape concerning immigration. 

Effective April 11, 2025, certain noncitizens present in the U.S. must register under the new digital system that is being rolled out.

Who Must Register:

Many noncitizens will not need to take action under this new regime because they will have already satisfied the requirements as a part of their visa application and admission process. Notably, a major group impacted by this new registration requirement is Canadian Visitors present in the U.S. without a visa. Canadians are generally exempt from visa requirements when visiting the U.S. for business or pleasure.

However, the new regime requires that they register if they will be present in the U.S. for more than 30 days.

Business or tourism visitors present on B visas or under ESTA visa waiver program remain exempt if their stay is fewer than 30 days.

Technically, the following classes of persons must register:

• Any noncitizens 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.

How to Register:

Registration occurs via Form-325R, which will be filed online through an individual’s myUSCIS online account.  A unique account and form must be submitted for each individual, including dependent children under 14 years of age—they cannot be coupled together in one form/account.

USCIS will then review the individual’s file. If required, they will be schedule for biometrics collection at a local USCIS Application Support Center (ASC), for photographing and fingerprinting.

Once all steps are complete, the individual will receive a “USCIS Proof of G-325R Registration) document to evidence their compliance.

Compliance:

• Employers who regularly have international stakeholders come to the U.S. for medium- to long-term stays under B visas/ESTA should ensure they have a system in place to advise such visitors of the new requirements.
• Subject individuals must carry evidence of compliance on their persons at all times and must readily produce it if requested for an appropriate law enforcement agent. USCIS states on its website that :
  • “Criminal Penalties for Failure to Carry Evidence of Registration: Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.”

Please work with your Obermayer immigration attorneys to determine the most streamlined manner to ensure compliance with evolving immigration rules.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.