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U.S. Customs and Border Protection (CBP) has updated its admission system and has begun issuing I-94 admission records containing employment authorization notations for newly-admitted L2 and E spouses. While CBP has not officially announced the change, effective Jan. 31, 2022, the agency began issuing I-94 admission records with the following notations reflecting work authorization incident to status:

E-1S – Spouse of E-1

E-2S – Spouse of E-2

E-3S – Spouse of E-3

L-2S – Spouse of L-1A or L-1B

Although not required, CBP recommends L2 and E spouses travel with proof of the marriage relationship (i.e., marriage certificate with English translation, if necessary) to assure the correct notation is entered into their I-94 admission record.

For employers, L2 and E spouses who are admitted with this employment authorization notation will be immediately eligible to work in the United States without restriction until the expiration date listed on the I-94. They will no longer be required to apply for an Employment Authorization Document (EAD) from USCIS, although they may continue to apply for the EAD if they wish to do so.

U.S. Citizenship and Immigration Services (USCIS) has updated its I-9 policy guidance to confirm that employers can accept the new, revised I-94 containing these new work authorization notations as evidence of employment authorization under List C of the Form I-9.

However, employers should also be aware that CBP is not retroactively updating the I-94 admission records for L2 and E spouses already present in the United States. These individuals will only be eligible to obtain the work authorized I-94 notation the next time they return to the United States after foreign travel, or the next time they file an application to change or extend their nonimmigrant status with USCIS.

L2 and E spouses who have not received an I-94 admission record containing the employment authorization notation must continue to rely on their EAD as proof of their work authorization in the United States. Employers should be aware of this distinction when completing the I-9 process.

Beginning in May 2019, Form I-94 will have a new look. The current 11-digit numerical format will be replaced by alphanumeric characters. The new format will include 11 characters, starting with nine digits, a letter in the tenth position, and a digit in the eleventh position. Customs and Border Protection (CBP) indicated that unexpired I-94 Records issued in the current numeric-only format will continue to be valid until the “Admit Until Date” printed on the paper or digital I-94 Record expires. You can continue to retrieve your electronic Form I-94 here.

For more on I-94, click here.

 

The U.S. Customs and Border Protection (CBP) has announced that its I-94 website will be under maintenance and will not be available during the following periods: (1) March 30, 2017 from 1:30 a.m. to 5:30 a.m. EDT; (2) April 2, 2017 from 1:30 a.m. to 5:30 a.m. EDT; and (3) April 6, 2017 from 1:30 a.m. to 5:30 a.m. EDT. During these times, the ability to view a recent I-94 record, obtain recent travel history, and purchase a provisional I-94 will be disrupted; CBP advises against using the aforementioned functions accordingly.  

Foreign nationals present in the United States in nonimmigrant visa status should note the CBP I-94 website maintenance periods mentioned above and may wish to access any relevant I-94 records and/or travel history records prior to these times. Those planning to return to the U.S. from international travel while the site is unavailable, should access the CBP system after site maintenance is complete to ensure the electronic I-94 record is correct and consistent with the relevant passport entry stamp received during the admission process. Greenberg Traurig can assist with any questions regarding corrections to I-94 entry records or the admission process.

 

CBPOn Sept. 29, 2016, U.S. Customs and Border Protection (CBP) announced that it has enhanced the I-94 website for travelers arriving to the United States at land ports of entry.  Travelers now can apply and pay the $6 fee for their I-94 card online up to seven days prior to their entry.

An I-94 form is needed by all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit.  Air and sea travelers will continue to be issued I-94 records during the admission process at the port of entry.  However, for those travelers seeking admission to the United States at a land port of entry, taking advantage of this new enhancement will quicken and simplify the admission process.

The application requires travelers to submit their biographic and travel information; in return, they will receive a provisional I-94 card after submitting the application and payment of the fee online.  The application collects the information that would otherwise be collected during the in-person inspection at the land port of entry, including name, date of birth, country of citizenship, passport details, visa details (if applicable), and petition/SEVIS number (if applicable).  To finalize the I-94 issuance process and admission, the traveler must present him or herself at the land port of entry within seven (7) days of the application, submit biometrics, and be inspected by a CBP officer.  Travelers always should be prepared to show evidence of their residence, employment and/or travel plans to the inspecting CBP officer, depending on the category of nonimmigrant admission being sought.

CBP expects for the new online I-94 application process to increase efficiencies during inspection and admission, decrease paper usage, and streamline the process at the land border, thereby reducing operating costs.  The secure website is easy to use and payment can be made via credit card, debit card, direct debit, or through PayPal.

CBP has automated the I-94 and I-94W process for all travelers applying for admission at U.S. ports of entry. Consequently, nonimmigrants arriving at an air or sea U.S. Port of Entry no longer receive a paper I-94 card from the CBP inspector. CBP provides each nonimmigrant with an admission stamp that is annotated with date of admission, class of admission and status expiration date. After leaving the port of entry, the nonimmigrant can retrieve an electronic copy of his or her I-94 card from the CBP website. As advance information is only transmitted for air and sea travelers, CBP still issues a paper form I-94 at land border ports of entry.

Continue Reading Tips for Resolving Issues I-94 Issues under the Electronic CBP System

Since April 30, 2013, CBP has been implementing I-94 automation by issuing passport stamps and an electronic record to most foreign nationals arriving in the U.S. at sea and air ports rather than paper I-94s. Foreign nationals arriving at land borders will continue to receive paper I-94s from CBP.

CBP will continue to issue paper I-94s to refugees, asylees and parolees at land, sea and air ports. An arriving foreign national may request a paper I-94 from CBP at a land, sea or air port. Those foreign nationals requesting paper I-94s, as well as refugees, asylees and parolees, will be issued paper I-94s in secondary rather than primary inspection. The paper I-94 provided by CBP will be a printout of the electronic record available at www.cbp.gov/I94.

It’s important to note that foreign nationals should enter their name on the I-94 web site as it appears in their passport. The I-94 site instructs individuals to enter their first and last names as they appear on the “travel document used to gain admission to the US.” CBP has clarified that the name on the passport, rather than the visa, should be entered to access the electronic record.

As a general rule, foreign nationals should get in the habit of accessing and printing their I-94 information after each entry as proof of their valid immigration status. An I-94 printout is also important in terms of applications for a driver’s license or social security number. Errors found in the electronic record should be corrected as soon as possible.

The Department of Homeland Security (DHS)’s Alien Registration Requirement, effective April 11, 2025, requires most noncitizens aged 14 and older who remain in the United States for over 30 days, to register and complete biometrics. Parents or guardians are responsible for registering minors under 14, and individuals turning 14 must re-register within 30 days of their birthday. The registration can be completed by filing Form G-325R through an individual USCIS online account. This registration does not grant any immigrant or nonimmigrant status. Once an individual has registered and completes fingerprinting, DHS will issue the proof of registration, which anyone over the age of 18 will be required to carry and keep in their personal possession at all times.

However, many individuals are already considered registered and not required to register, including:

  1. lawful permanent residents;
  2. individuals paroled into the United States under INA 212(d)(5) for urgent humanitarian reasons or significant public benefits, even if the period of parole has expired;
  3. 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;
  4. all individuals present in the United States who were issued immigrant or nonimmigrant visas in their passports at the U.S. consular posts abroad before their last date of arrival;
  5. individuals placed into removal proceedings;
  6. individuals issued an employment authorization document;
  7. individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
  8. individuals issued border crossing cards.

For additional information about the Alien Registration Requirement, please refer to the Q&A section below. According to USCIS:

Q: What is “alien registration”?

A: Alien registration is a federal legal requirement under Section 262 of the Immigration and Nationality Act (INA). It requires most noncitizens who remain in the United States for more than 30 days to register with DHS, provide biometric information (like fingerprints), and carry evidence of registration at all times if age 18 or older.

Q: Why is this being enforced now?

A: On Jan. 20, 2025, President Trump issued Executive Order 14159, directing DHS to ensure that noncitizens comply with the registration requirement and to treat failure to register as a civil and criminal enforcement priority. As of April 11, 2025, DHS began enforcing this process and introduced the online registration process.

Q: Who must register?

A: Anyone who falls into “not registered” category, if:

  1. you are aged 14 or older and have not registered and fingerprinted when applying for a visa to enter the United States and remain in the United States for 30 days or longer;
  2. you entered the United States without inspection or parole;
  3. you were not fingerprinted during your visa application or entry;
  4. you are the parent or guardian of a child under 14 who has not been registered; or
  5. you are a child who just turned 14 and were previously registered by a parent

Q: Who is considered “Not Registered”?

A: 

  1. Individuals present in the United States without inspection and admission OR inspection and parole and who have not otherwise registered.
  2. Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration.
  3. Individuals who were not fingerprinted during a visa application or entry.
  4. Individuals who submitted applications for deferred action or TPS who were not issued evidence of registration.

Q: Who is exempt from registration?

A: You are exempt if you are:

  1. a holder of an A or G visa (diplomatic or international representatives); or
  2. a nonimmigrant who DHS waived from fingerprinting (e.g., diplomats, certain short-term visitors under reciprocal arrangements).

Q: How do I know if I’ve already registered?

A: Anyone who has been issued one of the documents designated as evidence of registration is considered “already registered,” including:

  1. lawful permanent residents;
  2. you filed a qualifying form such as:
    • Form I-485 (adjustment of status),
  1. you were fingerprinted (biometrics) by USCIS; or
  2. you were issued any of the following:
    • I-94/I-94W
    • Green card (I-551)
    • Employment authorization document (I-766)
    • Notice to appear (I-862) or other DHS-issued removal notices
    • Border crossing card (I-185/I-186)

Q: What does not count as registration?

A: The following documents are not considered evidence of registration:

  1. a state driver’s license or ID;
  2. an application for TPS, DACA, or asylum without an approved registration form or DHS fingerprinting; and
  3. entering via land border as a Canadian or Mexican national without receiving DHS documentation.

Q: How do I register if I haven’t already?

A: To register properly, follow these steps:

  1. Create a USCIS online account at https://my.uscis.gov, if not already created. If you are registering a minor child, create an account on their behalf.
  2. Complete Form G-325R (Biographic Information – Registration) online through your USCIS account.
  3. Biometrics Appointment: After submitting the form, you will receive a biometrics appointment notice.
  4. Attend your biometrics appointment at an USCIS Application Support Center.
  5. Download Proof of Registration: Once processed, download your proof of alien registration PDF from your USCIS account.

Note: If you are 18 or older, you must carry this registration at all times.

Q: Is there a fee to register?

A: Currently, there is no fee. The registration is free, including the biometric appointment. DHS is considering a $30 biometric services fee in the future.

Q. What happens if I don’t register?

A: Failure to comply with the register requirement or carry proof of registration may result in:

  1. a misdemeanor charge;
  2. fines up to $5,000;
  3. imprisonment for up to 30 days; and
  4. deportation proceedings under INA § 237 unless an individual can prove that a failure was reasonable, excusable, or was not willful.

Note: False statements during registration may also lead to criminal prosecution and deportation.

Q: What happens if I change my address?

A: You must report a change if address to USCIS within 10 days of moving. This can be completed through your USCIS account by completing Form AR-11 online.

Q: After registering, what else do I need to do?

A: You must:

  1. carry your registration document at all times if you are 18 or older;
  2. file AR-11 with USCIS within 10 days of any address change; and
  3. re-register if you were registered as a child and just turned 14.

Q: Can I use the registration document for work or immigration benefits?

A: No. Alien registration is not an immigration status, does not create an immigration status, establish employment authorization, or provide any other rights, public benefits, or protection from removal.

The Department of Homeland Security (DHS) has announced expected changes to the registration requirements for foreign nationals in the United States. Under a newly issued Interim Final Rule (IFR), noncitizens who have not complied with registration mandates outlined in the Immigration and Nationality Act (INA) will now face enhanced enforcement efforts. Effective April 11, 2025, the updated process introduces a digital registration system and heightened compliance obligations that employers and foreign nationals alike should carefully review.

While this rule applies broadly to foreign nationals residing in the United States for more than 30 days, and many foreign nationals have already complied, certain populations—including Canadian visitors and U.S. visa holders with young children—should understand specific implications of the rule and how the new processes might impact their travel or stay in the United States.

What the Rule Requires

The INA has long mandated that noncitizens register with the government, submit biometric data, and carry proof of registration. The IFR strengthens these requirements and fills gaps in existing enforcement mechanisms by introducing:

  1. Form G-325R for Registration: DHS has designated Form G-325R (Biographic Information—Registration) as the official alien registration document for noncitizens who have not previously registered. Registrants must complete the form through their myUSCIS online account.
  2. Mandatory Biometrics Collection: Completion of Form G-325R triggers a biometrics appointment at a USCIS Application Support Center (ASC). Registrants must provide:
    • Fingerprints
    • Photographs
    • Signatures

Individuals under the age of 14 generally do not need to submit fingerprints, but registration compliance is still required.

  1. Proof of Alien Registration Document: Upon successfully registering and completing biometrics, DHS will issue a downloadable proof of alien registration document through the registrant’s myUSCIS account. Noncitizens aged 18 or older will be required to carry this document at all times while in the United States as evidence of compliance with registration requirements.

Failure to register, attend biometrics appointments, or carry proof of registration may result in penalties, including fines up to $5,000 or six months in jail.

Who Is Impacted?

This rule applies to various groups of foreign nationals, including lawful permanent residents, visa holders, foreign nationals present without inspection, and others. Many noncitizens have already complied with this rule by being issued an I-94 upon entering or changing their status in the United States. However, one notable group affected by this rule includes Canadian visitors entering the United States without visas.

Impact on Canadian Visitors Without a Visa

Canadian nationals often benefit from unique travel arrangements when visiting the United States for business or tourism purposes. In most cases, Canadians entering through land ports of entry for short-term stays are not required to present a visa or obtain an arrival/departure record (Form I-94). However, the new alien registration requirements specifically affect Canadians who remain in the United States for more than 30 days without formal evidence of registration.

Registration Requirements for Non-Visa Canadian Visitors Staying Over 30 Days

Canadians entering the United States at land borders who do not receive an I-94 form upon entry must proactively register if their stay exceeds 30 days. This is a key change from past practices, where such visitors were often exempt from alien registration. To comply:

  1. Create an Account and Submit Form G-325R: Canadians staying in the United States longer than 30 days must complete Form G-325R through the myUSCIS platform.
  2. Biometric Appointment Compliance: Completing the registration form will initiate a biometrics appointment, which must be attended to complete registration. Canadians under 14 years old may be exempt from fingerprinting but still need to register with parental or legal guardian assistance.
  3. Proof of Registration: Canadians over the age of 18 staying in the United States beyond 30 days must carry Proof of Alien Registration at all times while in the country.

Short-Term Visitors Remain Exempt

The new rule does not impose registration obligations on Canadian visitors staying fewer than 30 days. Business or tourism visitors admitted under ESTA or B-1 or B-2 classifications for short trips can depart within the 30-day window without taking any additional steps.

Key Employer Considerations

For employers across the United States, including those hiring foreign workers who fall under these new requirements, compliance efforts may need adjustment. Specific considerations include:

  1. Accommodation for Worker Biometrics Appointments: Employees impacted by new biometrics requirements may need time off work to attend scheduled appointments. Employers should ensure uniform policies are applied to avoid potential discrimination.
  2. Enforcement Risks: DHS has emphasized that alien registration noncompliance will be an enforcement priority. Employers in industries with large foreign national workforces should be aware.
  3. Notify Long-term Business Visitors: Information about the registration requirement should be available for foreign business visitors.

Preparing for Compliance

The changes introduced under the IFR reflect DHS’s commitment to enforcing longstanding alien registration requirements more comprehensively. Canadian visitors without visas, as well as other foreign nationals, must understand their obligations and take steps to comply.

On Jan. 20, 2025, the Trump administration issued an executive order entitled “Protecting the American People Against Invasion,” aimed at enhancing compliance with the Immigration and Nationality Act (INA) section 262. This statute outlines the mandatory registration and fingerprinting requirements for certain non-U.S. citizens who have not previously registered and who are staying in the country for extended periods.

Under INA section 262, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer must apply for registration and fingerprinting. Parents and guardians must ensure that their children below the age of 14 are registered. Children must re-register and be fingerprinted within 30 days of their 14th birthdays.

The Department of Homeland Security (DHS) will introduce a new registration form and process to complete the registration requirement. While additional guidance has not been issued at the time of this blog, noncitizens who did not previously register must create a U.S. Citizenship and Immigration Services (USCIS) online account to facilitate the registration process starting Feb. 25, 2025. Once registered and fingerprinted (unless waived), DHS will issue evidence of registration, which noncitizens over the age of 18 must carry at all times. Failure to comply with these requirements will result in criminal and civil penalties, including misdemeanor prosecution and fines. Certain groups, such as American Indians born in Canada, are exempt from registration.

The executive order considers lawful permanent residents, noncitizens paroled into the United States (even if the parole period has expired), nonimmigrants with an I-94 or I-94W (even after their admission period has expired), noncitizens with immigrant or nonimmigrant visas issued before arrival, those in removal proceedings, individuals with employment authorization documents, those who applied for permanent residence (even if their applications were denied), and individuals issued Border Crossing Cards as registered for purposes of INA section 262. Noncitizens present in the United States without inspection and admission or inspection and parole, Canadian visitors who entered the country via land ports of entry and were not issued evidence of registration, and Deferred Action for Childhood Arrivals and Temporary Protected Status recipients who were not issued evidence of registration are considered unregistered and must comply with forthcoming guidance regarding registration.

The executive order specifically seeks to identify undocumented immigrants who were not inspected upon entry to the United States. Once the registration system takes effect, Immigration and Customs Enforcement agents and other law enforcement officials will be able to request evidence of registration from individuals within the United States. Failure to provide this evidence may result in detention and removal, though individuals may be deported even if they provide evidence of registration.

Potential Impacts of the Executive Order

The executive order may impact undocumented immigrants in the following ways:

  • Increased Enforcement: The order prioritizes the removal of non-citizens and expands the use of detention facilities. Undocumented immigrants may face detention and expedited removal processes.
  • Use of Military Forces: The order includes provisions for the use of military forces to support immigration enforcement activities, both at the border and within the country’s interior. This increases the manpower available for deportation operations.
  • Expedited Removal: The order prioritizes using expedited removal processes, which allow for quicker deportations without the need for lengthy court proceedings.
  • Revocation of Previous Policies: The order revokes previous executive orders that may have provided protections or slowed down the deportation process.
  • Additional Executive Authority: The declaration of a national emergency at the southern border unlocks additional executive authority and funding for border security and deportation efforts. This includes the use of Department of Defense resources to support immigration enforcement.
  • Registration Requirements: Undocumented immigrants must register and be fingerprinted if they remain in the United States for 30 days or longer. Failure to comply with these registration requirements may result in criminal and civil penalties, including fines and misdemeanor prosecution that may ultimately lead to removal processes.
  • Impact on Sanctuary Jurisdictions: The order restricts federal funding to sanctuary jurisdictions that do not cooperate with federal immigration enforcement. This may strain relationships between federal agencies and local governments, and potentially reduce resources available to undocumented immigrants in those areas.
  • Overburdened Systems: The increased enforcement and detention measures may overburden immigration detention centers and court systems, leading to delays and backlogs in immigration proceedings.
  • Potential Hardships: Enforcement policies may lead to humanitarian concerns, including family separations and detainee treatment.

Considerations for Noncitizens

Noncitizens present in the United States should consider taking steps to enhance compliance with the new executive order and immigration regulations, including the following:

  • Comply with Registration Requirements: Create a USCIS account as the executive order mandates.
  • Stay Informed and Monitor Policy Changes: Keep up to date with changes in immigration policies and executive orders that may affect their status.
  • Legal Updates: Follow updates and information disseminated from organizations and government agencies that specialize in immigration law.
  • Maintain Valid Documentation: Ensure that visas, passports, and any other immigration documents are valid and up to date. This includes renewing passports at least six months prior to expiration and keeping copies of all important documents.

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) began implementing a newly overhauled fee schedule, along with substantive changes to several of its forms used to petition or apply for employment-based immigration benefits. These changes stem from the agency’s January 2024 final rule outlining the fee increases and procedural changes, which include:

  1. In a departure from the prior, simpler fee schedule, a detailed and tiered fee schedule based on various factors, including visa type, employer type, and size (number of employees).
  2. The introduction of an “asylum fee,” which now applies to most employment-based filings made on Forms I-129 or I-140 and is meant to support the agency’s efforts in improving its processing of a historic backlog of asylum applications. The asylum fee also varies depending on visa type and employer type/size, further adding to the confluence of new factors practitioners must take into account when filing a U.S. immigration benefit application or petition with USCIS.
  3. Updated filing locations and, notably, certain filings rerouted from monitored Service Centers to “Lockboxes,” which tend to take a longer time to process the filings received.
  4. New editions of many common employment-based immigration benefit forms, including Forms I-129, I-140, I-526, and I-829.

In line with the added complexity of the filing process resulting from the April 1 changes, practitioners have reported considerable delays in issuance of I-797 receipt notices, which USCIS issues to provide the petitioner/applicant and its legal representative with a case number and official confirmation of acceptance of the filing. While the specific reasons for the delays vary between cases, USCIS may need additional time to complete its intake of filings and to ensure compliance with the new requirements, given the scale of the April 1 changes. While some cases face delays, others are being “rejected” for a deficiency, sometimes resultant from erroneous observations by USCIS.

From a practical standpoint, this means that clients should be prepared for delays in receipt notice issuance, which can sometimes extend for up to and over eight weeks for certain filing types. Additionally, USCIS has generally not been responsive to inquiries placed in connection with receipt notice delays. Filers may track checks to ensure they are cashed by USCIS (an indication of case acceptance), but even filing fee check cashing has seen delays. Where available, filers may choose to submit eligible applications online for a quicker receipting process, but that may present its own set of challenges. First, only a narrow subset of forms are currently eligible for online filing. Additionally, electronic filings have only recently been implemented by USCIS and are subject to separate sets of considerations, like account access obstacles and document upload issues, among other observed, as well as unforeseeable, risks associated with the process as USCIS finetunes its electronic filing procedures and gradually expands eligible filing types.

Takeaways for Petitioners and Applicants

  1. Since some receipt notices are required for the ability to travel internationally and re-enter the United States, for instance I-751 or I-829 receipt notices, which temporarily extend conditional green card validity, it is important to take these delays into account when planning international travel. This means opting for flexible or cancelable flights or accommodations where available. As noted above, USCIS is generally not responsive to inquiries related to its receipting process and waiting for the receipt to be issued and delivered via USPS is generally the only available option.
  2. Employers filing for H-1B transfers should consider waiting for the receipt notice prior to onboarding the new employee to ensure the case is lawfully filed as of the employee’s start date.
  3. Receipts are also often utilized to demonstrate timely filing for immigration benefit extensions; filing early may help to ensure that a receipt is in hand prior to the expiration of the current I-94 or other expiring immigration benefit.