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New Registration Rule Now in Effect: Should You Register with the DHS?

New Registration Rule Now in Effect - Should You Register with the DHS
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A new federal rule requiring some non-U.S. citizens to register with the Department of Homeland Security (DHS) is now in effect as of April 11, 2025. This change may impact individuals who are in the United States without traditional immigration documentation—or who entered without a visa—and could carry serious consequences for those who don’t comply.

New Registration Rule Now in Effect - Should You Register with the DHS

If you or someone you know is unsure about whether this rule applies to them, keep reading to understand who needs to register, what it involves, and the potential risks for both action and inaction.

Who Must Register Under the New Rule?

Registration is a process of notifying the government of your presence in the U.S. as a noncitizen. The requirement to “register” is in our immigration laws but has been rarely used. President Trump announced they will use this requirement for all noncitizens. The law requires all noncitizens over age 14 who remain in the U.S. for 30 days or more to register. (The law instructs parents to register those that are under age 14.) The law requires people to register before the 30-day period ends. The government posted a new form on the USCIS website for those that are not yet registered to use, Form G-325R.

The majority of immigrants and visa holders do NOT need to take additional steps under this new rule, as they are already considered “registered.” The following documents count as registration:

  • A green card. If you are a permanent resident, you are registered
  • A work permit, even if it is now expired. If you have an employment authorization card, for any reason, you are registered.
  • An I-94. If you got an I-94 document, or received an I-94 electronically, when you entered the United States, you are registered. This includes entries with parole or a visa. If you got an I-94 when you got status, such as asylee, or U nonimmigrant, you are registered.
  • An NTA. If you were issued a Notice to Appear in immigration court, you are registered. If you were issued an Order to Show cause (OSC) or a referral to the immigration judge, you are registered.
  • A Border Crossing Card.
  • A Landing Permit as a crewman.
  • If you have applied for lawful permanent residence or temporary residence you are registered, even if that application was denied. (Forms I-485, I-687, I-691, I-698, I-700)

If you are already registered, you do not need to register now. Those who entered with visas are considered registered as they are provided with I-94s upon arrival or biometrics have already been taken at the time of the application for the non-immigrant or immigrant visa.

However, three key groups of individuals are covered by the new rule and must now register with DHS if they are in the U.S. for 30 days or more and are not otherwise registered:

  1. Canadian citizens who entered the U.S. by land for business or tourism, did not receive an I-94, and stayed 30 days or more.
  2. Foreign nationals who turn 14 years old while in the United States.
  3. Foreign nationals who entered the U.S. without inspection (for example, by crossing the border without being processed by immigration officials), and who remain in the U.S. for 30 days or more.

What Does Registration Involve?

If you’re required to register, here’s what you’ll need to do:

  • Create a personal myUSCIS account
  • Submit Form G-325R online, which collects biographic and immigration-related information
  • Appear for fingerprinting and photos (biometrics), if you are age 14 or older and not a Canadian visitor
  • Receive and carry a “Proof of Alien Registration” document at all times

For children under 14, a parent or guardian must complete the registration, but fingerprints are not required until the child turns 14.

Is There a Deadline to Register?

Yes—and it’s very important.

If you were already in the United States for 30 days or more on April 11, 2025, you were expected to register immediately. There is no 30-day grace period after that date.

For individuals who newly meet the 30-day requirement after April 11 (for example, new arrivals or children who recently turned 14), registration must be completed as soon as the 30-day mark is reached.

What Happens if I Don’t Register?

If you do apply for an immigration benefit with USCIS and have not registered, DHS could use a failure to register as a negative factor in deciding your case.

Failing to register or carry proof of registration can result in misdemeanor charges, including:

  • Fines of up to $5,000
  • Jail time (up to six months for failure to register, 30 days for failure to carry proof)
  • Potential removal (deportation) if you are in violation of immigration laws

Also, if you move, you are required to report your new address to DHS within 10 days. Failing to do so may lead to detention or removal proceedings unless the delay was not willful or was reasonably excusable.

Important Note: Registration Can Carry Risks

The registration form asks for your address, information about you, your family, and immigration status, among other things. If you have no immigration status, immigration enforcement will know you are in the U.S. and the government says they will take steps to deport you. You may be detained.

For some people, registering with DHS may involve disclosing sensitive information—such as a criminal record or the fact that they entered the U.S. without inspection. These individuals may become visible to immigration enforcement through the registration process.

Before registering, those who are undocumented, have pending immigration cases, or have any criminal history should speak with an experienced and trusted immigration attorney. Legal advice can help you understand the risks and determine the best course of action.

What Should You Do Now?

If you think this new rule may apply to you or a family member:

➤ Determine if you are required to register
➤ Create a myUSCIS account and complete Form G-325R if needed
➤ Consult with an immigration attorney, especially if you have legal or immigration concerns
➤ Keep a copy of your registration proof with you at all times

For many, this rule will not affect them directly—but for others, it is critical to determine consequences of registering and not registering and their effect on their specific case. If you have questions or concerns about your situation, we’re here to help. Tancinco Law offers confidential consultations to guide you through the new DHS registration process and help you stay informed and protected.

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If you would like to know how to set an appointment with Tancinco Law, click here.

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Updates

Exploring Alternatives to the H-1B Visa

Exploring Alternatives to the H-1B Visa
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The H-1B visa is a popular choice for U.S. work visas, allowing individuals to work in specialty occupations. However, due to the high demand, many applicants do not secure an H-1B visa through the annual lottery. If you weren’t selected in the H-1B Cap Lottery for Fiscal Year 2025, which closed on March 25, 2024, and announced results on April 1, 2024, there are still several viable alternatives to explore.

1. H-1B Work Authorization for Cap-Exempt Employers

Not all H-1B employment falls under the annual cap. Certain employers can file cap-exempt petitions at any time, including:

  • Institutions of higher education or affiliated nonprofit entities
  • Nonprofit research organizations
  • Government research organizations

Additionally, cap-subject employers can hire H-1B visa holders who also work for a cap-exempt employer, provided they maintain their cap-exempt employment throughout the H-1B validity period.

2. F-1 Work Authorization Options

International students in the U.S. might extend their employment authorization through Optional Practical Training (OPT):

  • Non-STEM graduates can receive up to 12 months of work authorization post-graduation.
  • STEM graduates can receive up to 36 months of work authorization, provided their employer is enrolled in E-Verify.

Another option is enrolling in a new university program to work under F-1 Curricular Practical Training (CPT). However, this route carries risks, including potential requests for additional evidence in future H-1B petitions. It’s crucial to thoroughly research and maintain documentation of your student status.

3. Dependent Work Authorization Tied to a Spouse’s Employment

Spouses of visa holders such as E-2, E-3, H-1B, and L-1 may be eligible for work authorization:

  • Spouses of E and L visa holders are automatically authorized to work as indicated on their I-94 document.
  • Spouses of H-1B visa holders (H-4 visa) can work if the H-1B holder has reached a significant milestone in the green card process and the H-4 spouse has applied for an Employment Authorization Document (EAD).

4. Country-Specific Visa Categories

Citizens of countries with specific trade agreements with the U.S. can benefit from specialized work visas:

  • TN visas for Canadians and Mexicans in specified professional occupations.
  • H-1B1 visas for Chileans and Singaporeans in specialty occupations.
  • E-3 visas for Australians in specialty occupations.

These visas typically do not lead directly to green cards, so continuing to enter the H-1B lottery is advisable for long-term U.S. residency.

5. E-1/E-2 Visas for Treaty Traders & Investors

Nationals from countries with U.S. treaties can apply for E-1 (treaty trader) or E-2 (treaty investor) visas. These visas apply to executives or specialized employees of companies with the same nationality as the applicant. However, like other visas, they don’t directly lead to green cards, so participating in the H-1B lottery is still recommended.

6. O-1 Visa for Individuals with Extraordinary Ability

Individuals with exceptional talent in sciences, education, arts, business, or athletics may qualify for an O-1 visa. This category includes specific provisions for PhDs in STEM fields. Similar to other alternatives, this visa doesn’t provide a clear path to a green card.

7. L-1 Visa for Intracompany Transferees

Employees of international companies with U.S. branches might qualify for an L-1 visa if:

  • The U.S. and foreign entities have a qualifying relationship.
  • The applicant has worked for the foreign entity for at least one year in the past three years.
  • The employment is in a managerial or specialized knowledge role.

8. Green Card Options

Though not an immediate solution, applying for a green card can lead to long-term U.S. work authorization. Some categories allow self-petitioning without employer sponsorship:

  • EB-1 for individuals of extraordinary ability, requiring proof of sustained acclaim.
  • EB-2 with a National Interest Waiver for individuals with advanced degrees or exceptional abilities, demonstrating that their work benefits the U.S.

By understanding these alternatives, individuals not selected in the H-1B lottery can still find viable paths to work and remain in the U.S.

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Updates

Understanding Visa Retrogression

Understanding Visa Retrogression
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The Department of State (DOS) puts out a monthly document called the Visa Bulletin. It tells people when they can apply for green cards. The dates in the Visa Bulletin are like deadlines. They are based on how many green cards are available each year and where people are from. There are different categories for getting green cards, like for work or family.

In the Visa Bulletin, there are two lists for each category: one for when you can start applying and another for when you can finish the application. The U.S. Citizenship and Immigration Services (USCIS) looks at these lists to decide when you can send in your green card application. If there are enough green cards, you use the “Dates for Filing Applications” list. If not, you use the “Application Final Action Dates” list. It’s like waiting for your turn.

Usually, the dates in the Visa Bulletin either move ahead or stay the same every month. But sometimes, a date that was okay for applying one month might not be okay the next month. This is called “visa retrogression.” It means you must wait longer to apply for a green card.

Why does visa retrogression happen?

Each month, DOS estimates how many visas will be available in each category. DOS uses different factors to estimate available immigrant visas, including how many applications will likely be approved, how many people have a priority date in more than one category, and how many related family members will receive a green card with the main applicant. Sometimes, the demand for visas is greater than the number of visas that are available. In these cases, the DOS revises its previous estimate and uses an earlier “cut off” date to ensure that more visas are not issued than allowed.

What if my visa category retrogresses?

You will not lose your place in line and your priority date will not change. If you have already attended a visa interview or applied in the United States and your priority date retrogresses, your application will remain in line until your priority date is current again. If you have not yet attended a visa interview or applied for adjustment of status, then you must wait until your priority date becomes current to take one of those steps.

If my green card application is pending and my visa category retrogresses, what can I do?

While your green card application is still being processed by USCIS, you’re allowed to stay in the United States. This is called a “period of authorized stay.” You can also ask for permission to work and travel. You can keep renewing these permissions as many times as you need.

If your I-485 application has been with USCIS for at least 180 days, you can switch to a new job in a similar field.

Your children who applied for green cards with you might still qualify to stay in the U.S. even if they turn 21, thanks to the Child Status Protection Act.

What if my priority date moves ahead in a different visa category? Can I change categories?

Yes, you can ask to switch to a different visa category. For instance, if you have a pending or approved I-140 petition for a different work-related visa category with a current date, you can ask to use that for your green card application instead. You might need to fill out an extra form called I-485 Supplement J.

If you have a family-based case with a current date in a different category, you can also ask to change your green card application to that category by sending a written request to USCIS.

It’s a good idea to talk to an immigration lawyer to see if you can use either of these options.

When will I receive my green card?

It is often hard to predict how fast or slow the dates in the Visa Bulletin will move. You’ll get your green card when your turn comes up in the Visa Bulletin. If you’re still eligible when that happens, your application will be approved. It’s like waiting for your number to be called.

We are closely monitoring the monthly Visa Bulletin and encourage you to contact our office at Tancinco Law at (415)397-0808 or 1 888-930-0808 if you have any questions. You can also schedule an appointment through our website at www.tancinco.com or email us at law@tancinco.com

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Featured

Bipartisan bill seeks to increase employment-based green cards

Bipartisan bill seeks to increase employment-based green cards
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There is currently a bipartisan bill that is seeking to increase employment-based green cards by using accumulated backlogs since 1992 and then exempt these “recaptured” backlogs from the 7% per-country limitation.

How is this possible and how is it moving forward?

The bill was filed on March 10, 2023 by Representative Raja Krishnamoorthi, the Democratic congressman from Illinois. He proposed it as the Eliminating Backlogs Act of 2023.

Why does this matter?

Every year, the United States only allots 140,000 employment-based green cards. From this allotment, individuals from any one country cannot be issued more than 7% of this each year. 

This cap has proven to be insufficient as there are several countries where many green card applicants come from, like China, India, Mexico, and the Philippines. And with a lot of applications competing for a small allotment, a lot inevitably find their way to the backlog. And this has lasted for decades.

The backlog

Due to many factors, such as administrative delay and the pandemic, employment-based green card backlogs have reached 1.6 million by the end of 2022.

This is a problem, especially since the United States has had a labor shortage for a while now despite many immigrants eager to work for American companies.

Where the bill comes in

The proposed Eliminating Backlogs Act of 2023 aims to end the decades-long backlogs and assuage the labor shortage at the same time.

While the bill is expected to garner support from immigrant workers, it may face an uphill battle in Congress as previous efforts to increase the green card caps and decrease the backlogs have stalled.

Want to know how this will affect you? Reach out to your trusted immigration lawyer.

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Updates

USCIS removes 60-day rule for the green card medical exam form

USCIS removes 60-day rule for the green card medical exam form
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For everyone filling up their green card medical application form, the US Citizenship and Immigration Services (USCIS) has made your lives easier.

The USCIS has removed the 60-day rule for civil surgeon signatures on the immigration medical exam. Now, you can file a signed form up to 2 years from when the civil surgeon signed it.

Why does this matter?

Before, the USCIS strictly demanded that civil surgeons sign at at most 60 days before the form’s submission.

For many busy immigrants, this was a steep ask, even a costly one since getting that signature then submitting the form has meant days taken off from their routine.

What should you do with the extra time?

With more time, green card applicants can spend more time making sure that their application is complete.

For those having trouble with their medical exam, this could mean more time to look for a doctor they can trust and then meeting them at their most convenient time.

How do I find a civil surgeon?

The USCIS has a list of approved practitioners on their website. The medical examination involves physical examination and blood and urine tests. It also includes a check on your immunization against diseases.

Bring your passport and your immunization records so that the civil surgeon can easily check your immunization history.

Medical examination on Form I-693 are part of an Application for Adjustment of Status to resident status.  They are usually filed simultaneously with I-485s and I-130s forms.

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Updates

Latest: On Green Cards and being a “Public Charge”

Latest On Green Cards and being a Public Charge
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The US Citizenship and Immigration Services (USCIS) has announced changes to Form I-485 or the Form for Adjustment of Status.

The change includes a new “public charge” portion, and some new questions for green card applicants.

The changes have been applied since December 23, 2022, according to the USCIS.

First, let’s review what a public charge is. Being a public charge means that a person is “primarily dependent” on the government, making them a “charge” to the public rather than a contributor. 

Green card applicants are not admissible to the US if they are likely to be a public charge. 

The keyword is self sufficiency.

The change is with proving one’s self sufficiency. Under the Trump administration, there was a whole separate form, the Declaration of Self Sufficiency, to prove that one was not likely to become a public charge. 

Under the Biden administration, some of the information asked by the discarded form will be included in the Form I-485.

Here’s what Boundless found: In the preview of Form I-485, if an applicant answers “yes” to being subject to public charge ground of inadmissibility on their form, they must provide the following information:

  • Household size
  • Annual household income
  • Total value of household assets
  • Total value of household liabilities
  • Highest degree or level of school completed
  • List of work-related skills, certifications, licenses, educational certificates
  • If an applicant has ever received cash benefit programs for income maintenance
  • If an applicant has ever received long-term institutionalization at the government’s expense

For guidance on getting a green card and navigating these new rules, reach out to a trusted immigration lawyer.

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Updates

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
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On Sept. 26, 2022, USCIS automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card (Green Card).

USCIS is in the process of sending out amended receipt notices for individuals with a pending Form I-90. You can present an amended receipt notice with an expired Green Card as evidence of continued status. By presenting your amended receipt notice with your expired Green Card, you remain authorized to work and travel for 24 months from the expiration date on the front of your expired Green Card.

If you are in urgent need of evidence of status while you wait for your amended receipt notice or your replacement Green Card, or if you need another in-person service, you may call the USCIS Contact Center to request an appointment. We encourage you to wait for your amended receipt notice instead of scheduling an appointment that you may not need.

More Information
Please visit USCIS website for more information on the extended green card validity or contact us for assistance. 

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Updates

How to Reschedule Your Biometrics Appointment

How to Reschedule Your Biometrics Appointment
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Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status). During a biometrics appointment, USCIS will collect your fingerprints, a photo, and a sample of your signature.

How to Know If a Biometrics Appointment Is Required
If you are required to appear for biometrics, USCIS will mail an appointment notice to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your biometrics appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for rescheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling request.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, we encourage you to reach out to Tancinco Law through our website at www.tancinco.com or law@tancinco.com or call us at 1-888-930-0808.

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Featured

New CDC Policy: Covid-19 Vaccine Required for Green Card Applicants

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Starting October 1, 2021, applicants for immigrant visas or green cards whose applications are pending before the U.S. Citizenship and Immigration Services and or the U.S. Embassies are required to show proof that they are fully vaccinated against COVID-19.

This new policy was released by the U.S. Centers for Disease Control and Prevention. It will be applicable to applicants who complete their Medical Examination or their Form I-693, Report of Medical Examination and Vaccination Record on or after October 1, 2021.  If the medical examination or I-693 was completed before October 1, 2021, and remains valid, proof of COVID-19 vaccination will not be required.

Applicants for green cards who refuse the vaccine and do not qualify for any of the CDCs limited exemptions will be deemed inadmissible and be denied their visas.

Vaccinations that are recognized as valid are the Pfizer-BioNTech, Moderna or Johnson & Johnson vaccine.  If none of these vaccinations are available in the country of origin of the applicant, CDC will accept different-COVID-19 vaccines as recommended by its Advisory Committee on Immunization Practices.

There are waivers and exemptions from the vaccine requirement that may be applied.  CDC will waive COVID-19 vaccine requirement for individuals who are too young to safely receive vaccines and for people with contraindications, i.e., health conditions that indicate that s/he is likely to have a severe adverse reaction to the vaccine. It can also be waived for individuals from countries with no or limited COVID-19 vaccine supplies.

Exemptions of this requirement may be applied for visa applicants who refuse the vaccine based on religious or moral grounds. However, no exemption will be provided to those who claim that they contracted COVID-19 and are still immune to the virus.