The Department of Homeland Security (DHS) recently published an interim final rule concerning a requirement that some non-citizens register with the DHS. This rule is one step in implementing the President’s Executive Orders on January 20, 2025.

The rule, which took effect on April 11, 2025, intends to encourage non-immigrants living in the U.S. who do not have legal status to register. However, the rule exempts some non-citizens. In these cases, they do not need to act because the government considers them registered already. Examples of such cases include aliens on sponsored work visas with an Arrival/Departure Record (Form I-94), those considered permanent residents, anyone with an Executive Office for Immigration Review (EOIR) immigration court case, and those with Employment Authorization Documents (EADs).

The rule is for people who are not legally in the country. In addition, requiring their registration allows the government to track who came into the U.S. without inspection and have otherwise avoided registration. However, Canadians who stay in the U.S. for more than 30 days must also comply with the rule.

Aliens subject to this rule must go online to register using Form G-325R on the U.S. Citizenship and Immigration Services website. Attorneys cannot use their online accounts to help them register, and parents must register for their children who are not yet 14. Once a child turns 14, they must apply for re-registration and fingerprinting. There is no charge for filing. 

After registering, they must appear for fingerprinting unless waived. If an alien must register and fails to do so or produce proof of their registration, they could face civil or criminal penalties. These penalties include fines, misdemeanor prosecution, or incarceration. Additionally, non-citizens must always keep their proof of registration with them. Non-citizens with an EAD or I-94 must carry these as proof of their lawful status in the United States.

Non-citizens must also keep their address up-to-date. They can update their address on the USCIS website. Failure to update this information can lead to similar penalties for failing to register.

Employers do not have any additional obligations as a result of this final rule. However, due to the change, the employment eligibility (Form I-9) process may prove more complicated. One way to ensure I-9 compliance is by using an electronic I-9 management system. This system guides employers throughout the process, digitally stores Form I-9s and related documents for easy retrieval, and notifies users when to take further action. Employers participating in E-Verify can also integrate E-Verify into their I-9 management system.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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