ARTICLE
31 March 2025

US Travel: Will Trump's New Registration Requirement Impact You?

MP
Moodys Private Client Law LLP

Contributor

Moodys Private Client Law is part of Moodys Private Client and home to a team of Canadian and US lawyers dedicated to simplifying the journey ahead for individuals and businesses. We take pride in seeing every detail, anticipating every obstacle and relying on our global, multidisciplinary expertise to chart the best path forward for your individual situation and ensure success. Focused on the areas of business law, immigration, trust and estate law, and tax law, our goal is to ensure you and your business are covered from every angle.
If you're a Canadian looking to snowbird or head south for a few months, you may have seen the news that beginning April 11, 2025, foreign nationals preparing to travel to the US...
Canada Immigration

If you're a Canadian looking to snowbird or head south for a few months, you may have seen the news that beginning April 11, 2025, foreign nationals preparing to travel to the US for an extended period should be prepared to comply with new registration requirements ordered by the Trump Administration.

Registration Requirement

The Alien Registration Act of 1940 technically requires all foreign nationals (non-US citizens/green card holders) who are in the US for 30 days or more to register their presence and provide their fingerprints. As part of an executive order signed by President Trump on January 20, 2025, the Department of Homeland Security has been directed to not only ensure that foreign nationals comply with this requirement but also ensure that failure to comply is treated as a "civil and criminal enforcement priority."

So, what exactly is the registration requirement? With exceptions outlined below, all foreign nationals 14 years of age and older, who remain in the US for 30 days or longer, must apply for registration and fingerprinting.

Who is Exempt?

There are key exemptions to this rule, including the following:

  • Foreign nationals admitted to the US who were issued a Form I-94 Admission Record, even if the period of admission has expired;
  • Foreign nationals present in the US who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Foreign nationals in the US for less than 30 days; and
  • Foreign nationals issued an employment authorization document.

Are Canadian Visitors at Risk?

Fortunately, Canadians entering the US via air will have an I-94 admission record and will be exempt from the registration requirement. Canadians entering the US via land or ferry should confirm that they are being issued an I-94 record. There is a $6.00 USD fee when doing so. Regardless, it should be a priority for all visiting Canadians to monitor their I-94 records using the CBP website to avoid any issues.

How Do I Register?

US Citizenship and Immigration Services ("USCIS") has released a new form and online process by which unregistered foreign nationals can register and comply with the regulation, available on the USCIS website.

Moodys Tax Law is only about tax. It is not an add-on service, it is our singular focus. Our Canadian and US lawyers and Chartered Accountants work together to develop effective tax strategies that get results, for individuals and corporate clients with interests in Canada, the US or both. Our strengths lie in Canadian and US cross-border tax advisory services, estateplanning, and tax litigation/dispute resolution. We identify areas of risk and opportunity, and create plans that yield the right balance of protection, optimization and compliance for each of our clients' special circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More