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Interim Final Rule on Noncitizen Registration
The Department of Homeland Security (DHS) published an interim final rule (IFR) on March 12th that would require certain foreign nationals to register with USCIS in accordance with Executive Order 14159.
Who is already considered registered? Most foreign nationals in the United States lawfully have already been registered as part of their immigration processes including those who have entered in a nonimmigrant visa status or as a lawful permanent resident (green card), who have been issued an employment authorization card (EAD), who are in removal proceedings, who have been issued a border crossing card (from Mexico or Canada), or have been issued an I-94 upon entry into the United States.
To whom does this apply? This registration requirement will apply mostly to foreign nationals in the United States who do not have a valid immigration status. It requires foreign nationals who have not already been registered to complete an online registration form (Form G-325R), submit to biometrics (fingerprints), and complete a background check. Foreign national children under the age of 14 are not required to register.
The main groups to whom this applies include:
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Foreign nationals of any age who entered without inspection and remain in the United States for 30 days or more and who have not already been registered (see above).
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Canadians who enter at a land border and who are not issued an I-94 card and who remain in the United States for more than 30 days.
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Foreign nationals who entered before the age of 14, even if they registered, must register within 30 days of their 14th birthday, including children who entered in a derivative nonimmigrant visa status such as L-2 or H-4.
USCIS created the online Form G-325R which is already available, and people can register through a myUSCIS account. The IFR goes into effect on April 11, 2025.
What are the penalties for not registering? Not registering with USCIS as required is considered a misdemeanor and can lead to possible fines of up to $5,000 or imprisonment of up to six months.
We will continue to monitor the implementation of this new registration system and provide updates when available.
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New USCIS Forms
USCIS recently attempted to implement several new immigration forms with no grace period for implementation, including Form I-485 – application to adjust status to permanent resident. The changes to the forms include removing gender identity questions and reinstating the term “alien,” in order to comply with President Trump’s Executive Orders.
The American Immigration Lawyers Association (AILA) and the D.C. law firm of Benach Collopy LLP immediately filed a lawsuit. In response to this litigation, the government instead announced a one-month grace period for all forms issued in the past two weeks.
USCIS will thus accept prior versions of the forms until the date posted on their website.
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U.S. Department of State (DOS) Declares Immigration Regulations Exempt from Public Notice
Secretary of State Marco Rubio recently declared that all immigration regulations, by any federal agency, are exempt from the public notice requirement of the Administrative Procedure Act (APA) under the foreign affairs exception. While the DOS has considered its own rulemaking exempt from the APA notice and comment rule under the APA, this recent declaration asserts that it now applies to the actions of all government agencies. This was published in the Federal register on March 14, 2025, and declares that all federal efforts related to border control, immigration, and cross-border transactions fall under the foreign affairs function exemption to the APA.
The APA typically requires public notice of new regulations to provide interested parties with the opportunity to weigh in draft regulations for 30-60 days. The agency then must consider the comments and address potential issues in crafting the final rule. The APA has a foreign affairs exception (5 U.S.C. §553, 554), which Secretary of State Rubio claims applies to “all efforts, conducted by any agency of the federal government, to control the status, entry, and exit of people, and the transfer of goods, services, data, technology, and other items across the border of the United States.”
This declaration of DOS could impact rulemaking and adjudications by all federal agencies including Department of State, Department of Homeland Security (including USCIS), and the Department of Labor. If this is upheld, then we could face immediate changes to immigration laws and processes without any notice or time to adapt, as well as changes in how immigration cases are adjudicated.
We will continue to monitor this and provide updates when available.
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April 2025 Visa Bulletin
U.S. Department of State (DOS) released the March 2025 visa bulletin here. USCIS will honor Final Action date chart for April for employment-based cases.
Overall, there is slight forward movement in the EB-2 and EB-3 categories for most countries. The EB-4 (Special Immigrants) becomes unavailable and there is significant retrogression in the EB-5 category in unreserved categories for India and China, with a warning that we could see retrogression in all EB-5 categories.
Here are the dates for the Employment Final Action chart:
EB-1: Both India and China remain at prior dates (as they did in February) with India at February 2, 2022, and China at November 8, 2022. All other countries are current.
EB-2: India moves ahead 1 month from December 1, 2012 to January 1, 2013; China advances by 5 months from May 8, 2020, to October 1, 2020. All other countries move ahead by 6 weeks to June 22, 2023.
EB-3: (1) Professional and Skilled workers – India moves ahead by 2 months from February 1, 2023, to April 1, 2023; China moves ahead by 3 months from August 1, 2020, to November 1, 2020. All other countries move ahead by 1 month to January 1, 2023. (2) All Other Workers – India moves ahead by 2 months from February 1, 2013, to April 1, 2013; China moves ahead by 3 months from January 1, 2017, to April 1, 2017, and The Philippines moves forward by 4 months from January 15, 2021 to May 22, 2021. All other countries move ahead by over 3 months to May 22, 2021.
EB-4: This category retrogressed last month and is now unavailable; all immigrant visas for FY 2025 in this category were issued as of February 28, 2025. This includes individuals such as religious workers, retirees from international organizations, and certain broadcasters, among others.
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EB-4 immigrant visa numbers will remain unavailable through the end of the government fiscal year (September 30, 2025).
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As an important note, the “Certain Religious Workers” program was due to sunset on March 14, 2025. No legislation has been passed to extend it beyond this date.
EB-5: Unreserved EB-5 category retrogresses almost two years for India (to November 1, 2019) and China (to November 19, 2019). All other countries remain current.
Only foreign nationals with priority dates prior to the dates indicated on the visa bulletin can file applications to adjust status or consular process for an immigrant visa.
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T&R – Lawyers Have Heart Team!
Lawyers Have Heart is a yearly 10k, 5k, and Fun Walk fundraiser in both D.C. and Boston that benefits the American Heart Association. Since the event’s inception, over $20 million has been raised to support the life-saving research, education, and community programs of the American Heart Association.
Trow & Rahal is proud to have a team in this worthy cause. For those of you who wish to participate or donate, you can find our team page at: http://www2.heart.org/goto/TrowRahalHeartWalk2025.
Let’s life longer, healthier lives!
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