A new rule that went into effect on April 11, 2025, requires many foreign nationals to register with USCIS and submit to fingerprinting if they remain in the U.S. for 30+ days or longer — even if they’re not sponsored by an employer. While the rule targets individuals, employers that rely on foreign talent can’t afford to ignore it.
What’s Happening — And Why Employers Should Care
The fact you are not even sponsoring a work visa for a foreign national doesn’t mean you’re immune to immigration headaches. The Alien Registration Requirement (ARR) is a decades-old federal mandate that’s being revived and aggressively enforced under a new USCIS rule.
Starting April 11, 2025, foreign nationals who remain in the U.S. for 30 days or longer — and haven’t already been fingerprinted or registered through a visa or ESTA process — must:
- Submit Form G-325R via a personal USCIS account;
- Attend a biometric fingerprint appointment (if required); and
- Carry proof of registration at all times if over the age of 18.
Failure to do so? It could trigger fines up to $5,000, jail time, or both.
Scenarios Employers Are Overlooking
- A Canadian National Crossing the Land Border to U.S.
Scenario: A Canadian tech consultant enters the U.S. to travel to the company’s U.S. partner office for an onsite knowledge transfer without a formal I-94 as she is waived through as a business visitor.
Impact: Business visitors may quietly fall out of compliance by exceeding the 30 day window in U.S. without proper registration and fingerprinting, triggering fines or immigration bars that affect their return to Canada. - A Remote Designer on ESTA Visiting U.S. Office
Scenario: A graphic designer employed by a UK based creative agency enters the U.S. under ESTA (Visa Waiver Program) to participate in an intensive 8 week design sprint at the company’s new office.
Impact: Despite being on “visitor” status, her presence in the US for over 30 days—and lack of biometric registration—makes her subject to ARR. This can result in ESTA entries being denied in the future, fines or detention for being out of compliance with federal law. - Foreign Executives Managing U.S. Expansion
Scenario: A Singapore-based founder sets up a U.S. LLC and visits for two months to oversee launch operations.
Impact: If entering on ESTA or without registration, they’re subject to ARR—which could affect future visa applications if not complied with. - Non-U.S. Contractors Supporting a U.S. Project On-Site
Scenario: A Dutch firm wins a U.S. contract and sends an engineer on-site for 45 days to layout the scope of work.
Impact: The contractor isn’t a direct employee—but if they aren’t properly advised, their ARR noncompliance could derail project delivery or future travel.
Why ARR Will Become a Compliance Issue for You
Even though ARR enforcement is directed at individuals, employers are increasingly expected to advise, protect, and support their global workforce. Here’s why it matters:
- Legal risk: While you may not be directly liable, foreign talent working on your behalf could become unavailable due to compliance gaps.
- Operational disruption: Delays in assignments, travel complications, and even detainment can throw off project timelines.
- Reputational impact: Perceived negligence around immigration compliance can damage your brand in a competitive talent market.
What Employers Should Do Right Now
Conduct an ARR Audit
- Ask: Do we have foreign nationals visiting the U.S. for over 30 days who didn’t enter with a visa?
- Are they carrying appropriate proof of registration (e.g., I-94, EAD, green card)?
Update Onboarding and Travel Protocols
- Provide business visitors with ARR registration information.
- Include ARR guidance in your global mobility policies.
Support Registrants
- Encourage foreign nationals to create their own USCIS account at my.uscis.gov
- Offer assistance with tracking days in the U.S. and preparing G-325R filings.
Train HR & Legal Teams
- Ensure your team can recognize ARR risks.
- Loop in immigration counsel for complex edge cases (BHLG is here to help 👋).
Final Thoughts on ARR:
ARR may sound like a relic from the 1940s, but its impact on today’s business landscape is real. As the lines blur between “employer” and “platform,” and remote work globalizes hiring, it’s time for leaders to see immigration risk as a shared responsibility.
Immigration compliance is no longer just about sponsorship — it’s about stewardship.
Want to assess your ARR risk?
Schedule a strategy session with our business immigration team.