Guide to Alien Registration in the United States
- mkidwel2
- 7 days ago
- 3 min read
What Employers and Foreign Nationals Need to Know
On January 20, 2025, the Trump Administration issued an Executive Order titled Protecting the American People Against Invasion, which directs the U.S. Department of Homeland Security (DHS) to enforce a long-standing alien registration requirement originally introduced in 1940. If you are a foreign national or employ foreign nationals in the U.S., it’s important to understand how this requirement may affect you or your workforce.
Who Must Register?
This requirement applies to all foreign nationals who:
Are 14 years of age or older,
Were not registered or fingerprinted when applying for a visa to enter the U.S., and
Remain in the United States for 30 days or more.
Foreign nationals in this category must complete the registration process before the 30-day period expires.
In addition:
Parents or legal guardians of children under 14 must register those children if they were not previously registered and will remain in the U.S. for 30 days or longer.
Foreign nationals who turn 14 while in the U.S. must register within 30 days after their 14th birthday—even if they were previously exempt.
Who Is Already Considered Registered?
The following individuals are automatically considered registered under current DHS guidance:
Lawful permanent residents (green card holders)
Paroled aliens under INA 212(d)(5), even if their parole period has ended
Nonimmigrants issued a Form I-94 or I-94W (paper or electronic)
Foreign nationals who entered with a valid immigrant or nonimmigrant visa
Individuals placed into removal proceedings by DHS
Anyone issued an Employment Authorization Document (EAD)
Applicants for lawful permanent residence using Forms I-485, I-687, I-691, I-698, or I-700 who provided fingerprints (even if their application was denied)
Border Crossing Card holders
Who Is Not Considered Registered?
A key group not considered registered includes:
Canadian citizens who entered the U.S. as visitors (for business or pleasure) and were not issued a Form I-94at the border.
This is especially common at land border crossings, where I-94s are not routinely issued to Canadian visitors.
To verify whether they’ve been issued an I-94, Canadian visitors should visit the U.S. Customs and Border Protection (CBP) website, click “Get Most Recent I-94,” and input their travel information.
If no I-94 is found and the Canadian visitor will remain in the U.S. for 30 days or longer, they must register before the 30-day deadline.
How to Register
Foreign nationals required to register must do so through their USCIS online account by submitting Form G-325R.
Important Note for Canadians:CBP has stated that Canadian citizens should not attempt to obtain an I-94 at the border for registration purposes. Instead, they should complete registration exclusively through the USCIS online system. Increased foot traffic at land borders for I-94 requests would severely disrupt normal border operations.
Need Help?
If you or a family member must register—or if you are an employer with concerns about your foreign national employees—our firm is here to help. The registration process can be confusing, especially for minors or those with complex immigration histories. We’ll walk you through each step to ensure compliance with the new directive.
Contact Kirchner Law today for personalized guidance on alien registration or any other immigration matter.
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