USCIS Increases Screening and Vetting of Noncitizens Working in the United States
On January 20, 2025, President Trump issued Executive Order 14159, directing the Department of Homeland Security (DHS) to increase enforcement of the long-standing Alien Registration Requirement (ARR) under Section 262 of the Immigration and Nationality Act (INA). Although the registration requirement has existed for decades, recent guidance and updated U.S. Citizenship and Immigration Services (USCIS) procedures indicate that enforcement efforts are expanding.
As a result, noncitizens living or working in the United States should review whether they are required to register and confirm that they remain in compliance with federal immigration law.
What Is the Alien Registration Requirement?
Federal immigration law requires many noncitizens to register with the U.S. government and, in some cases, submit fingerprints. Registration obligations may apply to individuals who were not previously registered through the visa application or admission process.
Failure to comply with registration requirements may lead to civil or criminal penalties, including fines or possible incarceration.
Who May Be Required to Register?
With limited exceptions, registration may be required for individuals who:
- Are 14 years of age or older;
- Were not previously registered and fingerprinted during the visa application process; and
- Have remained in the United States for 30 days or longer.
Additional obligations may also apply:
- Parents or legal guardians are generally responsible for registering children under the age of 14;
- Individuals registered as children may need to re-register within 30 days after turning 14; and
- Noncitizens age 18 or older are generally required to carry proof of registration at all times.
Updated USCIS Registration Process
USCIS has introduced new procedures intended to facilitate compliance with the Alien Registration Requirement. These include:
- Form G-325R (Biographic Information – Registration);
- An online registration process through USCIS; and
- A USCIS online determination tool designed to help individuals assess whether registration is required.
After registration and fingerprinting, if applicable, DHS may issue evidence of registration.
Additional information regarding the registration process is available through USCIS at: https://www.uscis.gov/alienregistration.
What Registration Does Not Do
It is important to understand that registration does not:
- Grant lawful immigration status;
- Provide employment authorization;
- Create an immigration benefit; or
- Protect an individual from future immigration enforcement.
Registration is a compliance requirement under federal law and should not be viewed as an immigration remedy.
Potential Consequences for Noncompliance
According to current DHS guidance, failure to comply with the Alien Registration Requirement may result in:
- Civil penalties;
- Criminal charges classified as misdemeanors;
- Monetary fines; and
- Possible incarceration.
The Executive Order also directs DHS to treat noncompliance as an enforcement priority, increasing the likelihood of additional screening and vetting activity.
Why This Development Matters
For many years, some noncitizens lacked a clear process for completing registration. With the introduction of Form G-325R and updated online procedures, USCIS has signaled that registration options are now more accessible and that enforcement efforts may increase.
Individuals who are uncertain about their registration history, immigration records, or current obligations should review their circumstances carefully to determine whether registration is required.
Questions About Registration Requirements?
The Alien Registration Requirement can raise complex legal and procedural questions, particularly for individuals who may not have previously completed registration or who are uncertain whether an exception applies.
For additional information, contact the Law Office of Jacqueline Lentini, LLC at 630-262-1435 or visit https://lentinivisas.com/contact-us/.
