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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.

On April 8, 2024, U.S. Citizenship and Immigration Services (USCIS) published a temporary final rule (TFR) that increases the automatic extension period for eligible employment authorization document (EAD) applications from 180 days to 540 days beyond the current EAD expiration date. The TFR’s 540-day automatic extension applies to pending EAD extension applications filed on or after Oct. 27, 2023, and to EAD extension applications filed between April 8, 2024, and Sept. 30, 2025. The TFR will remain effective until Sept. 20, 2027, thereby ensuring a full 540-day auto-extension period for EAD applications filed through Sept. 30, 2025.

This TFR aligns with ongoing USCIS efforts to support employment authorized individuals’ access to work while the agency processes a record high number of pending EAD applications. According to USCIS Director Ur M. Jaddou, “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations.”

Requirements

To be eligible for the 540-day auto-extension rule, applicants must:

  • Timely file Form I-765 for an EAD extension before the current EAD expires (this does not apply to certain applicants with Temporary Protected Status); and
  • Request an EAD category that is the same EAD category as their current EAD and a category that is eligible for a 540-day automatic extension (see list of eligible categories below).

Please note that for H-4, E-3S, and L-2S dependent spouses a corresponding unexpired Form I-94 is required to qualify for the auto-extension rule. Moreover, please note that the 540-day automatic extension does NOT apply to F-1 STEM OPT extensions. STEM OPT extensions remain eligible for the 180-day auto-extension.

Categories Eligible for Automatic Extensions

The following employment eligible categories are eligible for automatic extensions:

Eligibility category listed on the extension renewal applicationDescription
(a)(3)Refugee
(a)(5)Asylee
(a)(7)N-8 or N-9
(a)(8)Citizen of Micronesia, Marshall Islands, or Palau
(a)(10)Withholding of Deportation or Removal Granted
(a)(12)Temporary Protected Status (TPS) Granted
(a)(17)Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
(a)(18)Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
(c)(8)Asylum Application Pending
(c)(9)Pending Adjustment of Status under Section 245 of the Act
(c)(10)Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16)Creation of Record (Adjustment Based on Continuous Residence Since Jan. 1, 1972)
(c)(19)Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit.”
(c)(20)Section 210 Legalization (pending I-700)
(c)(22)Section 245A Legalization (pending I-687)
(c)(24)LIFE Legalization
(c)(26)Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31)VAWA Self-Petitioners

United States Citizenship and Immigration Services (USCIS) continues to provide support to Ukrainian citizens and their immediate family members through a specialized re-parole process that went into effect Feb. 27, 2024.

Eligibility Criteria: To qualify for re-parole, applicants must demonstrate:

  • That they are a Ukrainian citizen or immediate family member who was paroled into the United States on or after Feb. 11, 2022;
  • That there are continued urgent humanitarian reasons or significant public benefit for a new period of parole, as well as any additional factors;
  • That they warrant a favorable exercise of discretion;
  • That they are physically present in the United States;
  • That they have complied with the conditions of the initial parole; and
  • That they clear biographic and biometric background checks.

Re-parole is not available to individuals currently outside the United States. Those outside the United States may consider applying for parole under the Uniting for Ukraine (U4U) program, which has its own set of eligibility criteria.

Application Procedure: You may apply for re-parole via a USCIS online account or via paper filing.

  • Online Application: Utilize the USCIS online account to submit Form I-131, track your case, and communicate with USCIS. The online system offers resources in Ukrainian and Russian to guide applicants through setting up their account.
  • Paper Application: If filing on paper, remember to indicate “Ukraine RE-PAROLE” clearly on Form I-131 and include all necessary documents and fees. If requesting a fee waiver, paper filing is required.

Documentation and Fees: Applicants must submit:

  • Form I-94; 
  • A copy of their USCIS-issued Employment Authorization Document (EAD). Include copies of the front and back;
  • A copy of both sides of their government-issued driver’s license or ID; and
  • A copy of the identity (biographical) page of their passport, with English translation and copies of all admission and parole stamps in their passport for entries into the United States. 

Check the USCIS website for the latest fee information, and be prepared to pay the required fee unless you qualify for and request a fee waiver.

Employment Authorization: Applicants can request an EAD using Form I-765. Applicants must wait for re-parole approval before applying for EAD. In certain cases, an updated Form I-94 may serve as temporary proof of employment authorization.

Filing Timing: Apply for re-parole before your initial parole period expires to maintain your authorized stay and work eligibility. It is best to apply no later than 60 days before the last day of your initial parole period.

For More Information, Please Visit:

USCIS Announces that Eligible Ukrainians Can Now Apply Online for Re-Parole – Ukraine Immigration Task Force (ukrainetaskforce.org)

Re-Parole Process for Certain Ukrainian Citizens and Their Immediate Family Members | USCIS

Frequently Asked Questions about the Re-Parole Process for Certain Ukrainians and their Immediate Family Members

Prior Related Inside Business Immigration Blog Posts:

DHS Announces Parole Extension for Certain Ukrainian Nationals in the United States

Certain Ukrainian and Afghan Parolees Employment Authorized Incident to Parole

Please join Anna Reiff and Cole Heyer, members of GT’s Immigration & Compliance Practice, for the webinar “Happier Trails: Essential International Travel Tips for U.S. Residents and Foreign Nationals” July 27 from 1 – 2 p.m. ET.

The summer months are a ripe time to tour the world, preview international universities for studies, or visit family—but only if you have the proper documentation to return to the United States.

Before booking that flight for a global destination, join this informative webinar designed to offer an overview of travel considerations amid the latest federal guidance for U.S. citizens and foreign nationals alike, including:

  • Understanding which documents to carry
  • Reviewing the visa stamping process, both for trips abroad and to the United States
  • Learning more about automatic revalidation
  • Exploring the important compliance items such as Form I-94s and passport validity
  • Discovering the ins and outs of travel on advance parole

Click here to register.

A gathering opportunity for immigration legal professionals from both the United States and around the globe, the annual American Immigration Lawyers Association (AILA) Conference (AC23) was held in Orlando in June 2023. Peter Shin and Anna Reiff represented Greenberg Traurig, whose continued presence at this conference underscores the firm’s commitment to remaining at the forefront of immigration law and policy.

AC23 featured a diverse selection of sessions, including topics on emerging technologies, regulatory updates, visa issuance programs, and procedural law, among others.

AC23 highlights: discussions surrounding emerging technologies that already have been implemented or are in development that aim to streamline routine immigration procedures. These include:

  • CBP One™ Mobile Application: Providing increased accessibility and transparency to some of U.S. Customs and Border Protection (CBP) ’s most often-used services, such as inspection appointment requests for brokers/carriers/forwarders and an I-94 Entry feature for travelers.
  • ESTA Mobile Application: Simplifying the process for travelers by scanning their passports and photos, eliminating the need for printed ESTA documentation in some cases. See our July 2023 blog post.
  • Mobile Passport Control (MPC): Enabling U.S. citizens, Canadian visitors, and U.S. Legal Permanent Residents to declare items directly within the app, streamlining the customs declaration process. Some ports have dedicated lanes for MPC users, further expediting their entry into the United States.
  • Visalaw.ai – Artificial Intelligence: Forthcoming AILA collaboration tool aimed to support immigration lawyers in their work. This AI platform will provide tools for legal research, summarization, drafting, and client engagement. The first phase of this new technology is scheduled for purchase on Aug. 1, 2023.
  • USCIS Online Biometric Rescheduling Tool: Enabling benefit requestors, attorneys, and accredited representatives to reschedule appointments before the scheduled date without the need to call or send mail to the USCIS Contact Center. See our July 2023 blog post.

Fastcase CEO Ed Walters delivered the keynote speech, during which he emphasized the transformative potential of emerging technologies in immigration law, encouraging practitioners to embrace this change by understanding and leveraging these tools to enhance legal services for clients.

GT’s representatives also had the opportunity to engage with U.S. government agency representatives from CBP, the Department of State, USCIS, and the Department of Labor. Topics discussed included the availability of the pilot in-U.S. Visa Issuance Program, the role and capabilities of the CIS Ombudsman Office, nonimmigrant visa wait times at U.S. consular posts, and the new PERM online application system, among many others.

FOR THE WEEK OF APRIL 28, 2023

Legislative Updates

  • House Immigration Border Bills Move Forward: The House Judiciary Committee’s Subcommittee on Immigration Integrity, Security, and Enforcement marked up H.R. 2640, the Border Security and Enforcement Act of 2023. This bill focuses on border and asylum reform as well as unauthorized immigration. A separate bill, the Border Reinforcement Act of 2023 (H.R. 2794), was reported favorably out of the House Committee on Homeland Security on April 27, 2023.
  • Florida is Poised to Mandate Use of E-Verify: The Florida state legislature is expected to pass a sweeping immigration bill next week. The bills HB 1617 and SB 1718 would, among other things, require private employers of more than 25 employees to use E-Verify beginning July 1, 2023.

State Department Suspends Visa Services in Sudan

  • As of April 22, 2023, the U.S. Embassy in Khartoum suspended its operations, and all immigrant and diversity visa interviews are canceled until further notice. Nonimmigrant visa applicants may apply in any country in which they are physically present and where there are appointments available.

USCIS Says It Found Companies Cheating During H-1B Lottery Selection Process

  • The Wall Street Journal is reporting that USCIS is issuing notices today to employers that it says entered the same applicants into the lottery selection process multiple times.
  • USCIS did not name the companies, saying they are under investigation and have been referred to federal law enforcement agencies for potential criminal prosecution.
  • USCIS noted on its H-1B electronic registration site that “the large number of eligible registrations for beneficiaries with multiple eligible registrations – much larger than in previous years – has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary.”
  • There were 781,000 entries into the lottery selection process this year. Last year, there were 478,000 entries.

Biden Administration to Open Processing Centers in Colombia and Guatemala

  • The processing centers will be operated by international organizations partnering with the U.S. to screen applicants for legal ways to immigrate to the U.S.
  • The centers are part of the government’s effort to reduce illegal immigration at the U.S.-Mexico border.

FOR THE WEEK OF APRIL 17, 2023

Legislative Update

  • On April 18, Sen. Bob Menendez (D-NJ) introduced his outline for border security and immigration reform, which has four pillars: create new and expand existing legal pathways to immigrate to the United States; increase resources at the border to process asylum seekers and carry out removal; expand humanitarian assistance to countries in Latin America; and elevate efforts to counter human trafficking and smuggling.
  • The House continued to mark up its Border Bill in the House Judiciary Committee, but no bill has come out of committee yet.

USCIS Extends Temporary Suspension of Biometrics Requirement for Certain I-539 Applicants

  • USCIS continued its suspension of the biometrics requirement for those filing I-539 applications for extensions of or change of status to H-4, L-2 or E status.
  • The suspension is extended from May 17, 2023, to Sept. 30, 2023. USCIS also said it plans to permanently exempt all I-539 applicants from the biometrics requirement “in the coming months.”

General Motors’ Export Compliance Assessments Trigger Investigation, Settlement with IER

  • DOJ reached a settlement with General Motors regarding its allegations that GM unlawfully discriminated against non-U.S. citizens with its export compliance assessment processes.
  • The DOJ’s Civil Rights Division, Immigrant and Employee Rights Section (IER) investigation determined that GM unnecessarily required lawful permanent residents to provide unexpired foreign passports as a condition of employment. It also found that GM combined its I-9 and export compliance assessment processes, resulting in GM requiring newly hired non-U.S. citizens to provide specific and unnecessary documents to prove their permission to work.
  • The settlement is a good reminder that adherence to export control laws and regulations do not exempt employers from anti-discrimination requirements. It’s also important to ensure that an employer does not forget the anti-discrimination provisions in its pursuit of efficiency in the onboarding process.
  • IER reminds employers of their obligations in the context of export control laws and regulations with this worksheet.

FOR THE WEEK OF APRIL 14, 2023

USCIS Provides Information About Options for Terminated Nonimmigrant Workers

  • USCIS posted options for nonimmigrant workers whose employment is terminated, either voluntarily or involuntarily.
  • In general, where eligible, terminated nonimmigrant workers may (1) file an application for a change of nonimmigrant status; (2) file an application for adjustment of status; (3) file an application for a “compelling circumstances” employment authorization document; or (4) be the beneficiary of a nonfrivolous petition to change employer.

Customs and Border Protection’s Stampless Entry Program

  • As part of its Simplified Arrival process, CBP continues to roll out its Stampless Entry pilot program to eliminate ink stamps in passports at entry.
  • More than ever, it’s very important for foreign nationals to download their I-94s at cbp.gov/i94 to ensure they are admitted correctly.

FOR THE WEEK OF APRIL 6, 2023

Legislative Update

  • Sens. Dick Durbin and Chuck Grassley have reintroduced their H-1B and L-1 Visa Reform Bill. This bill has been introduced with many iterations since 2007. We don’t anticipate its passage this year.
  • Lou Correa and Dan Goldman (D-N.Y.) request that the appropriations committee increase funding to $400 million to support USCIS processing and the reduction of backlogs. They also requested an increase of $425.9 million to fund the asylum processing rule and $100 million to be added for USCIS citizenship grants for groups that help prepare permanent residents for naturalization.

Compliance Consideration: Termination of E-3 and H-1B1 Visa Holders Should Include Notifying USCIS

  • In addition to withdrawing the LCA, The Wage and Hour Division of the Dept of Labor requires three steps for ending an employer’s wage obligations pursuant to a certified LCA: (1) employment relationship has been terminated; (2) petition should be cancelled; and (3) employee has been offered payment for transportation home.
  • Even though E-3 and H-1B1 workers do not have petition filings with USCIS, it’s important to notify USCIS of the end of the employment relationship.

District Court Ends Challenge to H-4 Work Permits

  • A federal judge granted the Dept of Homeland Security’s motion for summary judgment and ruled in favor of the government’s authority to grant work authorization to certain visa types.

I-9 Reminder: In-person Review of Documents Still Required

  • Virtual I-9 document review has yet to become a rule. DHS published a proposed rule in 2022 indicating a willingness to move in this direction. However, at this time, employers are still required to review I-9 documents in person, even in in the remote employment context.

On March 10, U.S. Citizenship and Immigration Service (USCIS) issued an announcement with comprehensive guidance on parole for international entrepreneurs. This program provides an opportunity for some foreign nationals who may not meet the more rigorous requirements of legacy U.S. investor visa programs.

USCIS will now use its discretionary parole authority to issue, on a case-by-case basis, a period of authorized stay to foreign national entrepreneurs who hold a substantial financial interest in a start-up entity and can demonstrate that their presence in the United States would provide a significant public benefit via the start-up’s potential job creation and growth.

The recently issued guidance includes the U.S. Department of Homeland Security’s criteria for evaluating these parole applications and establishes application requirements specifically tailored to capture information necessary for USCIS to complete its adjudication.

Applicant Requirements

Applicants must demonstrate key elements to qualify for this type of parole. They must have central and active roles in the operations of start-ups and they must also have a substantial ownership interest, defined by USCIS as at least a 10% ownership stake. Ownership interest can be reduced after the granting of the initial parole, but cannot be reduced below 5%.

Start-Up Entity Requirements

Qualified start-ups must:

  • Be a corporation, limited liability company, partnership, or other entity organized under federal law or the laws of any state, that conducts business in the United States;
  • Not be primarily engaged in the offer, purchase, sale, or trading of securities, futures contracts, derivatives, or similar instruments;
  • Have formed within the five years immediately preceding the date the applicant filed the initial parole application and lawfully doing business during any period of operation since its date of formation; and
  • Be an entity with substantial potential for rapid growth and job creation.

Requisite Amount of Investment for the Program

Demonstration of potential for rapid growth and job creation means that within 18 months prior to filing Form I-941, the investor(s) made necessary qualified investments. The necessary investment amount automatically adjusts every three years per the Consumer Price Index for All Urban Consumers. The most recent amounts are $250,000 if filing before Oct. 1, 2021 and $264,147 if filed on or after Oct. 1, 2021.

To be considered a qualified investment, applicants must submit evidence that the investment was made in good faith. Evidence must include records that show the trail of lawfully derived capital from a qualified investor into the start-up.

What Defines a Qualified Investor?

A qualified investor may be a U.S. citizen or legal permanent resident, or an organization in the United States and operated through a legal entity organized under the laws of the United States or any state, that is majority owned and controlled, directly or indirectly, by U.S. citizens or legal permanent residents of the United States.

Qualified investment may not come directly or indirectly from:

  • The entrepreneur;
  • The entrepreneur’s parents, spouse, brother, sister, son, or daughter;
  • Any corporation, limited liability company, partnership, or other entity in which the entrepreneur or their parents, spouse, brother, sister, son, or daughter directly or indirectly has any ownership interest.

Applicants must be able to demonstrate an external investment in the start-up. While applicants may invest in the company, those investments cannot be used to meet requirements for the program.

The program also has requirements of investors. Applicants must show regular investments from investors into start-up entities. Proof of investment means that in the five years prior to application:

  • The qualified investor made investments in start-up entities in exchange for equity, convertible debt, or other security convertible into equity commonly used in financing transactions within their respective industries comprising a total in such five-year period of no less than the investment amount in the chart below
  • at least two such entities each either created five or more qualified jobs or generated revenue of at least the amount in the chart below, with average annualized revenue growth of 20% minimum prior to any investment by individuals or organizations.
  • The following table outlines the required amount of investment and revenue for qualified investors’ prior investments, which varies based on the date the applicant filed the Form I-941.

Required Investment and Revenue Amounts for Qualified Investors’ Prior Investments

Filing DateInvestment AmountRevenue Amount
Before October 1, 2021$600,000$500,000
On or after October 1, 2021$633,952$528,293

USCIS may initially approve an applicant for a parole period of up to 30 months. USCIS also may approve a single request for re-parole at its discretion for an additional period of up to 30 months. An entrepreneur’s spouse and children seeking parole as derivatives must apply individually by filing Form I-131, Application for Travel Document. Spouses of entrepreneur parolees, after being paroled into the United States, may be eligible for work authorization by filing Form I-765, Application for Employment Authorization with USCIS. Children of the entrepreneur are not eligible for work authorization.

Though the International Entrepreneur Parole Program provides an alternative option for entrepreneurs in start-ups, it does not provide a path to permanent residency.

The guidance on the International Entrepreneur Parole Program, contained in Vol. 3 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after March 10, 2023. The policy change addresses:

  • Criteria for consideration and definitions for the applicant, start-up entity and the qualified investment/grant/award, and guidance on relevant evidence for the application
  • Guidance on the application process for the entrepreneur applicant and their family
  • The discretionary nature of the adjudication
  • Conditions on the initial grant of the parole, additional parole period, and termination of parole

Those with questions on the International Entrepreneur Parole Program should consult with experienced immigration counsel.