Client Alert!
Some foreign nationals in the United States will be required to register online with the Department of Homeland Security (DHS) and undergo biometrics collection and a background check, according to a recently published federal regulation.
Most foreign nationals present in the United States – including those who entered on a U.S. visa or were issued a permanent resident card (green card), an I-94 admission record, an employment authorization document (EAD), or a border crossing card – are considered already registered and generally will not need to take further action under the new process. But it is crucial that these foreign nationals carry immigration documentation with them at all times and report any change of address within the required 10-day timeframe.
Three groups of foreign nationals will need to comply with the new registration requirement:
- Visa-exempt Canadian nationals who enter the United States for business or tourism at a land port of entry, were not issued a Form I-94, and remain in the United States for 30 days or more;
- Foreign nationals who are in the United States for 30 days or more and who turn (or turned) 14 while here, with certain possible exceptions; and
- Foreign nationals who entered the United States without inspection (known as EWI) and will remain in the United States for 30 days or more and are not already considered registered.
DHS Secretary Kristi Noem posted an announcement on the DHS website stating that the deadline to register for foreign nationals who are subject to registration and who have already been in the United States for 30 days or more was April 11 – the first day on which the Interim Final Rule (IFR) on registration took effect.
