Corporate Immigration Law News

Effective April 11, 2025, certain foreign nationals who are not already considered registered (as described below) are required to register with U.S. Citizenship and Immigration Services (USCIS) and undergo biometrics collection and a background check. Such registration is in furtherance of the Executive Order issued on January 20, 2025 by President Trump entitled “Protecting the American People Against Invasion,” which directed the Department of Homeland Security (DHS) to ensure that all foreign nationals comply with their duty to register with the government, with the failure to comply being treated as a civil and criminal offense. The DHS issued an Interim Final Rule (IFR) on March 12, 2025 outlining how the registration requirement would be implemented through an online system administered by USCIS.  See full Alien Registration Requirement details here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

A.       TRAVEL – INTERNATIONALLY

• Valid Passport

• Valid Visa or I-94 record, when applicable. https://i94.cbp.dhs. gov/home Note that, if traveling to Canada or Mexico for no more than 30 days, you may travel with an expired visa and valid I-94 record. NOTE: Citizens of certain countries (e.g., Indian nationals) need a Canadian visitor visa to visit Canada. Indian nationals may visit Mexico with a valid U.S. visa.

• Valid I-797 USCIS approval notice. Note the bottom of the form may include your I-94 admission record. If subject to an extension or amendment, copy of USCIS receipt notice. NOTE: For M&L clients, such receipt notice is available on M&L’s online portal.

• Current employment verification letter from employer confirming authorized work title, location, and period of employment with employer. Such letter should be requested from your HR representative. If HR has questions, they may contact us.

• Advise employer contact of return date and port of entry. A U.S. Customs and Border Protection officer may need to speak with the employer to confirm information about the employment. If you are applying for a new visa at a U.S. consular post abroad, again, a consular officer may call or email the company contact to confirm information. The consular officer will rely on the contact information included on the DS-160 form submitted to the consular post electronically to apply for the visa.

• A failure to file a change of address AR-11 with USCIS within ten days of an address change in the United States may result in a fine, imprisonment and/or removal from the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefits.

• Always tell the truth to a CBP or consular official.

• If you have been arrested, that information may result in a refusal of a visa or entry to the U.S., depending on the circumstances.

• When you are at a port of entry, if the CBP officer is questioning your eligibility for admission to the U.S. in your current status or a new status for which you are applying and it appears likely that he/she may render a decision to refuse your request for entry, you should politely request the Officer to speak with a supervisor. There is a supervisor on duty at all times at every U.S. Port of Entry. The other option you may want to consider is requesting a withdrawal of your application for admission in order to obtain whatever supplemental information the CBP officer may require.

• Remember that social media postings are being reviewed by CBP, the Department of State, and U.S. Citizenship and Immigration Services (USCIS). Posts that may compromise a “compelling foreign policy interest” are being reviewed intensively.

• Consider your privacy and data security when traveling. Please review: https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices and https://tinyurl.com/88ztz3wb. CBP is reviewing social media data and postings to assess activities as to a reasonable ground to believe they would have potentially serious adverse foreign policy consequences.

B. TRAVEL – DOMESTICALLY

• Due to the enforcement of the registration rules, it is critical that foreign nationals “carry” their qualifying registration documents while in the U.S. Failure to carry your documents is a Class B federal misdemeanor ($5,000.00 fine/30 days jail). This requirement applies to those 18 years of age or older.

• Usually, the registration requirement will be satisfied by a valid I-94, which is downloaded from the CBP website or your valid visa issued at a U.S. consular post. The other typical option for legal permanent residents is, of course, your legal permanent resident card (green card).

• For minors, there is a re-registration requirement for those in the U.S. within 30 days of when they turn 14.

• A separate requirement is the ability to prove your lawful status in the U.S.  This requirement is normally satisfied with your registration documents; however, if you have a pending extension application with USCIS and your I-94 is about to expire or has expired, carry a copy of USCIS receipt notice.

• Remember that any request for admission to the U.S. allows a CBP officer to review your nonimmigrant visa status or legal permanent resident status.

• It is possible to be determined to be inadmissible to the U.S., to have your visa revoked, or to lose permanent residence based on criminal arrests.

• A failure to file a change of address AR-11 with USCIS within ten days of an address change in the United States may result in a fine, imprisonment and/or removal from the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefits.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.