United States: DHS Finalizes Rule on Foreign National Registration Requirement, with Clarifications

Longstanding U.S. laws and rules require foreign nationals in the United States to register with the federal government. For many, registration occurs when a foreign national applies for a visa outside the United States and is fingerprinted, or receives an I-94, EAD, permanent residence (green) card, or other qualifying immigration document. Those who enter the United States without a visa and who are not issued an I-94 upon arrival generally must register if they are in the United States for 30 days or more. Children who enter before they turn 14 are required to re-register within 30 days after their 14th birthday.

In January 2025, President Trump issued an executive order that, among other things, directs DHS to strictly enforce the established registration requirements and ensure that foreign nationals are complying with them. In fulfillment of the executive order, DHS issued an Interim Final Rule (IFR) in March 2025 and created a new online process for those who are unregistered, obligating them to register and have their fingerprints collected; today’s Final Rule finalizes these regulations.

Most foreign nationals present in the United States – including those who entered on a U.S. visa or were issued a permanent resident card (green card), an I-94 admission record, an EAD, or a border crossing card – are considered already registered and generally are not required to take further action under the online registration process. But it is crucial that these foreign nationals carry immigration documentation with them at all times and report any change of address within the required 10-day timeframe. Click here for more information on these separate requirements.

For foreign nationals in the United States who are not already considered registered, DHS introduced a new online G-325R form in April 2025 through which these individuals may register and undergo required fingerprinting. Three groups of foreign nationals must comply with the online registration requirement:

• Visa-exempt Canadian nationals who enter the United States for business or tourism at a land port of entry, were not issued a Form I-94, and remain in the United States for 30 days or more;
• Foreign national children who are in the United States for 30 days or more and who turn 14 while here; and
• Foreign nationals who entered the United States without inspection (known as EWI) and will remain in the United States for 30 days or more and are not already considered registered.

The Final Rule, which takes effect today, largely codifies the provisions of last year’s interim rule, but it makes some useful modifications and explains certain points, including the following:

• Trusted Travel Program entry qualifies as evidence of registration. Global Entry, NEXUS, SENTRI, and FAST documents qualify as proof of registration. Therefore, foreign nationals who enter the United States under one of these Trusted Traveler programs are deemed registered.
• DHS confirms that children subject to registration must re-register when they turn 14. When the registration system was implemented last year, it was not clear whether all children subject to registration would need to re-register when they turned 14. In its commentary to the Final Rule, DHS removed any ambiguity on the scope of the requirement to re-register upon turning 14, making clear that the requirement to re-register within 30 days of turning 14 generally applies to all cases, including to foreign national children who entered the United States on a visa and Canadian children who entered the United States without a visa. DHS also clarified that legal permanent resident children who turn 14 will satisfy the re-registration requirement by filing a Form I-90 to replace their green card, as required by existing law, and therefore, they do not need to also complete an online G-325R registration form.
• Canadian citizens can meet the registration requirement by requesting Form I-94 before they travel. In its commentary, the agency noted that Canadian citizens can avoid having to undergo the G-325R registration process after entering the United States by requesting a Form I-94 from U.S. Customs & Border Protection (CBP) through https://i94.cbp.dhs.gov/home in advance of their travel, as the issuance of the I-94 will satisfy the registration requirement. However, Canadian citizens who do not receive an I-94 must register if they will remain in the United States for more than 30 days.

In addition to finalizing last year’s interim rule with minor modifications, the Final Rule also proposes a number of additional possible changes to the registration regulations that are under consideration at DHS. The agency is requesting public comment on those proposals, with feedback due by August 28. The proposed changes include the following:

• Adding additional forms that would qualify as registration forms, making online registration unnecessary, including:
  • applications to renew or replace a green card (Form I-90);
  • applications to change or extend nonimmigrant status (Form I-539);
  • asylum applications (Form I-589);
  • petitions to remove conditional status on permanent residence (Forms I-751 and I-829);
  • applications for Temporary Protected Status (Form I-821); and
  • applications/petitions for T or U nonimmigrant status (Forms I-914 and I-918).
• Eliminating certain documents that are currently considered acceptable evidence of registration, including EADs.
• Issuing or accepting alternative evidence of registration in cases where the foreign national is considered to be registered based on having filed a qualifying application (such as an I-485 adjustment of status application) but would not have documentation of registration while the application is pending. DHS suggested that this could include issuing a special registration document when qualifying applications are filed or accepting stamped biometrics appointment notices as evidence of registration.
• Waiving the fingerprinting requirement for nationals of Canada or Visa-Waiver-Program-designated countries who are maintaining nonimmigrant status.

After the comment period closes and DHS has completed its review of the public’s input, DHS may pursue further rulemaking to make additional changes to the registration regulations. Organizations interested in responding to DHS’s request for comments should contact the firm’s Government Strategies Group.

As noted above, the finalized registration regulation does not create any new obligations for foreign nationals. Individuals who are already registered are not required to take any further steps, except for children who turn 14 after their initial registration. Those planning to enter the United States for more than 30 days should review Fragomen’s updated FAQ on the registration process and consult with immigration counsel if they have questions or concerns. Foreign nationals who have not registered despite the requirement to do so should speak with immigration counsel to discuss risks and next steps.