Key Takeaways
- Starting April 11, certain foreign nationals who are present in the United States for more than 30 consecutive days must register with U.S. Citizenship and Immigration Services (USCIS). However, most foreign nationals do not need to register because they already have evidence of registration.
- All foreign nationals over the age of 18 must carry evidence of registration at all times.
- All foreign nationals must update their address within 10 days of moving.
USCIS' new registration requirement, which went into effect on April 11, principally applies to foreign nationals who enter the United States and are not issued an I-94 record or other acceptable form of registration. Most nonimmigrant visa holders and business visitors are not required to register because they receive a paper or electronic I-94 record upon their admission to the United States. The foreign nationals described below are already registered and are not required to submit a separate registration:
- Permanent residents (Form I-551 or permanent resident card (green card))
- Foreign nationalswho have been paroled into the United States under INA 212(d)(5), even if the period of parole has expired
- Foreign nationalsadmitted 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 foreign nationalspresent in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival
- Foreign nationalsin removal proceedings
- Foreign nationals who have been issued an employment authorization document
- Foreign nationalswho have applied for lawful permanent residence using Form I-485, I-687, I-691, I-698 or I-700 and provided fingerprints (unless waived), even if the application was denied
- Foreign nationalsissued Border Crossing Cards
The following individuals are subject to this rule and must register:
- Foreign nationals who entered the United States unlawfully and have not filed an application or been encountered by the Department of Homeland Security in a way that would result in the creation of an I-94 record or other acceptable registration document
- Canadian visitors who enter the United States at land ports of entry but are not issued I-94 records
- Foreign nationals who have applied for certain benefits, such as temporary protected status, but were not issued evidence of registration
- All foreign national children within 30 days after their 14th birthday
The registration form is now available through the online myUSCIS system. Most foreign nationals who complete the form will receive a biometrics appointment. Once the registration is completed, foreign nationals can retrieve and print proof of their registration from their myUSCIS account.
All foreign nationals over the age of 18 must carry evidence of registration at all times. A printed I-94 record, an original employment authorization document or any document mentioned in the above list will satisfy this requirement. Foreign nationals who fail to carry evidence of registration are subject to a misdemeanor punishable by a fine of up to $5,000, imprisonment for not more than 30 days or both.
Additionally, the interim final rule reminds foreign nationals of the requirement to notify USCIS of their change of address within 10 days of moving. Foreign nationals who do not comply are subject to a misdemeanor punishable by a fine of up to $5,000, imprisonment for not more than 30 days or both. The interim final rule also states that failure to comply is a deportable offense unless it can be established that the failure to comply was "reasonably excusable or was not willful."
USCIS' new registration requirement and change-of-address reminder are clear evidence of the need for companies and foreign nationals to renew their focus on immigration-related compliance to lessen the risk of adverse action being taken by the government.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
