US – UPDATE: Alien Registration Requirement

Citizenship and Immigration Services (USCIS) announced its intention to enforce the alien registration requirement under the Immigration and Nationality Act (INA). This mandate requires the following individuals to register:

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain there for 30 days or more. They must apply prior to the expiry of those 30 days.
Children under 14 years of age who have not been registered and will remain in the United States for 30 days or longer should be registered by their parent or legal guardian prior to the expiry of those 30 days.
Any alien, previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

WHY THIS MATTERS

Non-citizens not previously registered during their visa application must now register with USCIS if they intend to stay in the United States. This includes (1) Aliens who are present in the United States without inspection and admission, or inspection and parole; (2) Canadian visitors who entered the United States at land ports of entry and were not issued an I-94 record; and (3) Aliens who submitted applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) and were not issued evidence of registration.

Furthermore, parents or guardians of a non-U.S. citizen child under 14 years of age who turns 14 while in the United States, are responsible for making sure that the child, whether previously registered or not, be registered and have fingerprints taken (if required) within 30 days of his or her 14^th birthday.

Once someone has been registered and appeared for fingerprinting (unless waived), the U.S. Department of Homeland Security (DHS) will issue evidence of registration, which must be carried and always kept in possession of all aliens over the age of 18.²

Failure to comply with the registration requirement may result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.³

Registration documentation does not establish U.S. employment authorization or any other right or benefit under the INA or any other U.S. law.⁴

More Details: Form G-325R & Biometric Collection

According to the new procedures, foreign nationals who must register should create a USCIS online account, and submit a Registration Form G-325R electronically.⁵ Note that Form G-325R cannot be mailed or submitted in person. Individuals in the U.S. subject to the registration requirement who are not already considered registered are encouraged to create a USCIS online account to register themselves and any family members subject to the requirement before April 11, 2025.

After registration submission, USCIS will determine if a biometrics appointment is necessary for fingerprint collection. If required, a biometrics appointment will be scheduled at a local U.S. Applicant Support Center (ASC). Note that children under 14 years of age and Canadian citizens are exempt from the fingerprinting requirement associated with alien registration.⁶

There is no government fee applicable to filing Form G-325R or for biometric collection.⁷

Who Is Already Registered?

Any non-U.S. citizen who has been issued one of the following documents is considered to have already registered:

Lawful permanent residents;
Individuals paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Individuals admitted 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 individuals present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
Individuals whom DHS has placed into removal proceedings;
Individuals issued an employment authorization document;
Individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if those applications were denied; and
Individuals issued Border Crossing Cards.⁸

Legal Challenge

On March 31, 2025, a lawsuit⁹ challenging the alien registration requirement was launched in U.S. District Court in Washington D.C.¹⁰ The complaint was filed by The National Immigration Law Center, American Immigration Council, and partner organizations on behalf of the Coalition for Humane Immigrant Rights, CASA, United Farm Workers, and Make the Road New York.¹¹

Key arguments made in the legal challenge are as follows:

Because the rule will affect millions of people and their legal rights, it should have been subject to the notice and public comment requirements that agencies must follow;
The rule is confusingly written and its implementation will cause chaos. There is little clarity about what categories of immigrants will be considered properly “registered.”
The online-only registration process will be a barrier to compliance for immigrants unfamiliar with technology and who will face prosecution for failing to comply and/or criminal charges if they mistakenly enter incorrect information.¹²

As a result of the legal challenge, the implementation of the alien registration rule may be delayed or stopped altogether.

KPMG LAW LLP INSIGHTS

Next Steps to Consider

It is advisable that individuals and their children who meet the criteria create their USCIS account(s) and complete their registration within the required timeframe. Note that some individuals may purposely be waiting until closer to April 11, 2025, to register in anticipation of a court ruling that will delay or prevent implementation of the alien registration rule.

Carry Proof: If the alien registration rule does ultimately take effect, it is highly recommended that individuals always have evidence supporting their registration with them, as required by law. This can include a valid I-94, Form I-797 Notice of Action, Endorsed Form I-129s, USCIS I-485 Receipt Notice, or confirmation of registration from the USCIS website.

FOOTNOTES:

1 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

2 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

3 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

4 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

5 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

6 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

7 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

8 United States Citizenship and Immigration Services, "Alien Registration Requirement" website.

9 The case can be found on the American Immigration Council website by clicking here. Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

9 American Immigration Council, "Challenging Trump’s Unlawful Registration Rule: Coalition for Humane Immigrant Rights v. U.S. Department of Homeland Security, No. 1:25-cv-00943 (D.D.C.)” at: https://www.americanimmigrationcouncil.org/litigation/challenging-trump-unlawful-registration-rule. Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

10 Ibid.

11 Ibid.

12 Ibid.

Contacts

Elizabeth Nanton

Partner and U.S. Immigration Practice Leader, KPMG Law LLP

KPMG in Canada

mail
call

Jashan Girn

Associate Attorney

KPMG in Canada

mail
call

More Information

Download PDF

Download

Subscribe to GMS Flash Alert

* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

© 2025 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.

United States – UPDATE: Alien Registration Requirement