Federal registration requirement for noncitizens physically present in the U.S. is now in full effect.
All noncitizens must carefully comply with requirements, such as maintaining updated records and promptly reporting address changes.
Reminder: Noncitizens are required to carry evidence of valid immigration status on person at all times.
A newly effective federal registration requirement now requires noncitizens physically present in the U.S. to register with the U.S. government and carry evidence of their valid immigration status on their person at all times. As of Friday, April 11, noncitizens—other than those already deemed registered by virtue of their nonimmigrant and immigrant vista processes—must create an account with the U.S. Citizenship and Immigration Service (USCIS) and take certain steps, including attending a biometric appointment, to register as a noncitizen.
Affected noncitizens who must take action to comply with the registration requirements include:
- Noncitizen children turning 14 while in the U.S., or those who have already turned 14 but have not previously registered;
- Canadian visitors without a valid I-94 record who have stayed or intend to stay in the U.S. for more than 30 days;
- Noncitizens without an Employment Authorization Document (also known as an “EAD” or work permit) or proof of registration, including applicants and recipients of Deferred Action for Childhood Arrivals (“DACA”), Temporary Protected Status (“TPS”), and other humanitarian forms of relief; and
- Any noncitizen who entered the U.S. without inspection, admission, or parole, or otherwise lacks documentation.
Noncitizens who are already considered registered and do not need to take any action to comply with the registration requirements include:
- Nonimmigrants with a valid I-94 record or admission stamp;
- Permanent residents;
- Nonimmigrants in possession of a valid EAD or work permit;
- Adjustment of status applicants; and
- Canadian and Mexican nationals in possession of a valid border crossing card.
Those required to register must create an account with USCIS through the myUSCIS portal and complete the following five steps:
1) Complete Form G-325R.
Through this online form accessible in the myUSCIS portal, noncitizens will provide select biographic information. There is no charge to complete Form G-325R.
2) Attend a biometrics appointment.
Following the receipt and processing of Form G-325R, USCIS will schedule an appointment for the registrant to submit fingerprints, photos, and signatures. Select noncitizens who are required to register may be exempt from fingerprinting, including Canadian visitors and children under the age of 14.
3) Print the registration certificate.
After the biometrics appointment, registrants will gain access to a registration certificate through the myUSCIS account. Registrants must download and print the “Proof of Alien Registration” document.
4) Retain proof of registration.
At all times, registrants over the age of 18 must carry the Proof of Alien Registration, together with any original Form I-94, permanent resident card, or EAD.
5) Maintain current address records.
Noncitizens must report changes of address to USCIS within 10 days of moving to ensure correspondence and benefits are received without delay. Form AR-11 may be filed via mail or within the myUSCIS account platform. This reporting requirement does not apply to A and G visa holders and visa waiver visitors.
6) Carry proof of status on person at all times.
Every noncitizen who is 18 years old and over is required to carry evidence of their immigration “registration documents” at all times. The term noncitizen includes green card holders and other nonimmigrants in the U.S. “Registration documents” if in reference to valid immigration documents. Documents that noncitizen employees should carry with them (if applicable) are as follows:
- Permanent resident card (green card)
- Employment Authorization Card (EAD)
- Unexpired foreign passport with valid visa stamp
- I-94 Arrival/Departure Record and unexpired I-797 nonimmigrant petition approval notices from USCIS
- Other receipt notices from USCIS (Form DS-2019, Form I-20, I-485 receipt notices)
Barnes & Thornburg LLP anticipates most of its clients will experience minimal disruptions, if any, to international workforces as a result of the registration requirement. However, for affected employees, a failure to comply with the registration requirement may prompt individual fines, detention, and a risk of removal.