With increased federal immigration enforcement, it is important for foreign nationals to note three important aspects of immigration compliance:
- Checking Form I-94 information after each entry to the US
- Change of address notification requirement
- “Alien Registration Requirement”
Form I-94: Your Form I-94 is issued by Customs and Border Protection (CBP) each time you enter the US and is the document that controls the particular immigration status (e.g., H-1B, etc.) and period of time you are lawfully admitted to the US. But I-94 errors do happen. If the CBP Officer that admits you to the US incorrectly abbreviates your admission period and/or provides an incorrect immigration status, these errors still control. If you do not check your Form I-94 each time you enter the US, you might believe you are authorized to stay in the US longer than you are, leading to an inadvertent overstay that could have significant immigration consequences. You should, therefore, check and download your I-94 document after each entry, and if errors are identified, contact your Nixon Peabody immigration professional regarding steps to obtain a corrected Form I-94. Please note if your passport expires prior to the period of admission, you should receive on your Form I-94, CBP will often limit your Form I-94 expiration date to your passport expiration date. CBP does not consider this an error, and foreign nationals should consider their passport expiration date when planning travel.
Change of Address Requirement: All foreign nationals, including lawful permanent residents, must notify US Citizenship and Immigration Services (USCIS) of a change of residential address within ten (10) days of moving. The change of address may be submitted to USCIS in hard copy or online.
Alien Registration Requirement: Beginning on April 11, 2025, certain foreign nationals who are in the US for more than 30 days are also required to file an Alien Registration, Form G-325R, with the Department of Homeland Security. Please note that lawful permanent residents and foreign nationals issued a Form I-94 at entry are considered already registered. Individuals who are required to register include (1) any foreign national, including lawful permanent residents, regardless of whether previously registered or not, who turn 14 years of age in the US; and (2) Canadian visitors who entered the US at a land port of entry and were not issued evidence of registration (e.g., Form I-94). Foreign nationals should carefully review the Alien Registration Requirement and consult with an immigration professional if they have questions regarding whether or not registration is required.
Please review this information carefully and take the necessary actions to ensure compliance. Consistent and timely attention to these requirements will help avoid any complications down the road.