United States | U.S. Embassy Canada provides guidance on ‘alien registration’ requirements for Canadians

The U.S. Embassy and consulates in Canada posted general guidance for Canadian citizens on the updated alien registration requirement that falls under Section 262 of the Immigration and Nationality Act.

Key Points:

• The updated requirement is an interim final rule (IFR) that amends Department of Homeland Security regulations to designate a new registration form for certain noncitizens to comply with statutory registration and fingerprinting provisions as part of implementation of an executive order issued by President Trump in January.
• Canadian citizens who may need to register include those who entered the United States visa exempt at land ports of entry, were not issued a Form I-94 and intend to stay in the United States for at least 30 days in a single visit. These Canadian citizens primarily comprise those admitted as nonimmigrants in B-1/B-2 visa status (temporary visitors for business or pleasure).
• Absent unusual circumstances, Canadian citizens who are exempt or are already registered by the nature of how they entered the U.S. or other immigration actions include but are not limited to:
  • Dual citizens of the U.S. or U.S. Lawful Permanent Residents
  • Those issued a Form I-94 (including F, H-1B and TN visas)
  • Those issued a U.S. Employment Authorization Document
• The complete category list of Canadian citizens who are exempt or do not need to take additional action and an FAQ for those who need to register can be found here.

Additional Information: The IFR is open for public comment until April 11, 2025, when it is scheduled to take effect. Public comments can be submitted here. The IFR is currently subject to litigation. BAL continues to monitor this litigation and issues surrounding the government’s implementation of the IFR.

This alert has been provided by the BAL U.S. Practice Group.

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