Visa Sponsored Employee Alert: Understanding Alien Registration Requirements

Navigating the complexities of U.S. immigration regulations can often feel overwhelming, especially for visa-sponsored employees. One of the crucial components of U.S. immigration law is the newly implemented Alien Registration Requirement, established by USCIS on January 20, 2025. This important requirement affects foreign nationals aged 14 and older who remain in the U.S. for 30 days or more without being fingerprinted upon their visa application. This article aims to shed light on this topic, breaking it down into manageable sections so you can easily understand your obligations.

Who Needs to Register?

You must register if you fall under any of the following categories:

• Individuals Aged 14 and Older: If you are 14 years of age or older and were not registered or fingerprinted at your visa application, remaining in the U.S. for 30 days or more makes registration mandatory.

• Turning 14 in the U.S.: If you have previously registered but are about to turn 14 while in the United States, you must apply for re-registration within 30 days of your birthday.

• Canadian Nationals: If you are a Canadian and entered the U.S. at a land port without receiving an evidence of registration (Form I-94), you are also required to register.

Failing to meet these obligations can result in severe consequences, including fines or even imprisonment.

Who Is Exempt from Registration?

Despite the strict guidelines, certain individuals are exempt from the registration requirement. You do not need to register if you:

• Are a Lawful Permanent Resident (Green Card holder).
• Have applied for lawful permanent residence via Form I-485 and have already been fingerprinted.
• Hold an Employment Authorization Document (EAD).
• Have an I-94 entry record, even if your admission period has expired.
• Were issued either an immigrant or nonimmigrant visa prior to your last date of arrival.
• Have been placed in removal proceedings by the Department of Homeland Security (DHS).
• Hold a Border Crossing Card.

If you are unsure of your registration status, it is essential to double-check using available resources.

How to Determine Your Registration Status

If you are uncertain about whether you need to register yourself or your child, a helpful registration tool is available on the USCIS website. This tool can help you clarify your obligations based on your specific circumstances.

Steps to Register

If you determine that you need to register, the process involves several clear steps:

Step 1: Create a USCIS Online Account

To begin the registration process, you must create a USCIS online account. Each non-citizen must have an individual account, including children under 14 years. Parents or guardians will need to create an account in the child’s name for registration purposes.

Step 2: Submit Form G-325R

After creating your USCIS account, fill out Form G-325R, which is the Biographic Information registration form. Importantly, this form must be submitted online—it cannot be mailed or delivered in person. Each registrant must submit the form from their individual USCIS account.

Step 3: USCIS Review of Form G-325R

Once your form is submitted, USCIS will review the information provided and check existing records. If you have already complied with registration requirements, you will be notified accordingly. If further action is necessary, USCIS will inform you of the need for a biometric services appointment.

Step 4: Attend Biometric Appointment if Required

For some registrants, USCIS will schedule a biometric services appointment, which is crucial for compliance. This step involves collecting fingerprints and photographs, and it’s important not to miss this appointment, as penalties can arise from non-compliance.

Step 5: Receive Registration Documentation

Once you have registered (and provided biometrics if required), USCIS will upload proof of your registration to your USCIS account. You can download and print this documentation, and it’s critical to carry it at all times if you are 18 or older.

Notification of Address Changes

Another critical aspect of maintaining compliance is notifying USCIS of any change of address. If you or a non-citizen family member moves, USCIS must be informed within 10 days to avoid potential fines or imprisonment. This obligation can become particularly important for visa holders, as failing to notify may lead to legal issues, including deportation.

Important Documentation to Carry

Once registered, all non-citizens aged 18 years or older must carry proof of registration at all times. Acceptable forms of proof include:

• Form I-94 or I-94W (even if the admission period has expired)
• I-551 Green Card
• I-766 Employment Authorization Document
• Valid, unexpired DHS admission stamps in foreign passports
• Border Crossing Cards for Canadians and Mexicans.

For any further questions or uncertainties about your registration status or the process, it’s best to consult with qualified legal or governmental authorities to ensure compliance with U.S. immigration laws. Being informed is the first step towards peace of mind as you navigate your immigration journey.