USCIS Alien Registration Explained: What it Means for Exchange Students

Since the beginning of the second Trump administration, there has been growing confusion within the exchange community surrounding recent developments related to the Alien Registration Requirement and their potential implications for exchange participants. While these requirements do not apply to the majority of international students or exchange visitors, and no additional registration is necessary for individuals in these categories, it remains important to understand what they entail. Below is more information on what the Alien Registration Requirement is and to whom it applies. 

Background

On Inauguration Day, one of President Trump's first Executive Orders (EOs) instructed the Department of Homeland Security to enforce Section 262 of the Immigration and Nationality Act (INA), also known as The Alien Registration Act of 1940. This longstanding provision requires all foreign nationals aged 14 and older who reside in the U.S. for more than 30 days to register and be fingerprinted—unless they have already completed this step during their visa application process. 

Following this EO, U.S. Citizenship and Immigration Services (USCIS) published a page on their website outlining the details of the Alien Registration Requirement, sharing which individuals must register or re-register with the Federal government and how they can do so. USCIS also published an Interim Final Rule effective April 11, 2025 that requires nonimmigrants who turn 14 while in the U.S. to re-register within 30 days of their birthday, even if they were previously registered and issued an I-94 Form when entering the country. 

Impact

These updates have sparked questions about what this means for international students and exchange visitors. The good news? Most won’t be affected—but here’s what you need to know about the Alien Registration Requirement and the new USCIS rule: 

Are there any new changes to the Alien Registration Requirement?

Yes, there are two key updates to the Alien Registration Requirement:  

• The new requirement for young foreign nationals to re-register once they turn 14 (codified in the Interim Final Rule); and, 

• Individuals who have not been registered in the past must now also register with the Federal government, including visa-exempt Canadian nationals who enter at land borders without an I-94 and stay 30+ days and foreign nationals who entered without inspection (EWI) and are in the U.S. 30+ days (i.e. those who crossed the border illegally) 

Do international students and exchange visitors need to register under this policy?

No, most nonimmigrants (including F-1s and J-1s) are already registered when they enter the United States. When an individual receives a visa, is inspected at a U.S. port of entry, and receives an I-94 Form, this automatically counts as their registration and will not require them to re-register under this DHS program. Generally, re-registration will not be required if the participant entered the U.S. at age 14 or older and they received an I-91 Form on entry. See “Who is already registered” section on the USCIS Alien Registration Requirement web page. 

Will the USCIS Interim Final Rule impact international students and exchange visitors?

This may affect J-2 dependents and any young F-1 and J-1 students who entered the U.S. prior to age 14 (e.g. boarding school students), but in most cases, no.  

New Report: BridgeUSA Exchange Programs are an investment in America

The Alliance is pleased to announce the launch of a new report that showcases the significant impact Department of State BridgeUSA programs have in and on the United States. 

Commissioned by the Alliance and conducted by Rajika Bhandari Advisors, this comprehensive report looks specifically at five BridgeUSA Programs: the Au Pair, Camp Counselor, Intern and Trainee, and Summer Work Travel (SWT) programs.  

The report shows and discusses impact data with regards to five key themes, namely that BridgeUSA programs... 

• have a profound economic impact on host organizations and host families, and by extension host communities across the U.S.; 

• forge long-term ties between the U.S. and other countries; 

• benefit international participants without taking away employment opportunities from Americans; 

• have a multiplier effect on American communities; and  

• are meaningful cultural exchange and a unique workforce opportunity. 

Notably, the report finds that exchange participants who came to the U.S. on the five programs surveyed contributed $811.2 million to the U.S. in 2023 alone. And without the support of BridgeUSA participants, many American families would struggle, and American businesses would be unable to operate as intended and/or at full capacity. The report also shows that 98% of program alumni spread the word about the programs and their experience in the U.S. through their networks and 90% of program alumni continue their engagement with the U.S. in a variety of ways after their exchange.  

We encourage exchange champions to share this important report and its supplemental resources with their networks and take to social media to showcase the proven investment of BridgeUSA exchange programs using the hashtags #ExchangesImpact #ExchangesMatter. More information about the report is available here. 

The Alliance is grateful to Rajika Bhandari and Melquin Ramos of Rajika Bhandari Advisors and Stacie Clark for their collaboration and work on this critical resource. 

House Bill Introduced Supporting the Au Pair Program

On Thursday, September 19, 2024, legislation was introduced in the House of Representatives regarding the modernization of the federal Au Pair Program. Sponsored by Rep. Guy Reschenthaler (R, PA-14), the Modernizing the Au Pair Program Act. H.R. 9677 (the MAP Act) addresses important issues that the Alliance has worked with its members and Members of Congress on over the last several years. We applaud the introduction of the bill and are pleased to see Rep. Reschenthaler and other Members of Congress supporting the Au Pair program and engaging on these specific issues that are so important to its continued success.

The MAP Act reaffirms and clarifies the exclusive federal regulatory authority of the Department of State over the Au Pair Program. It also directs the Department to use that regulatory authority to issue a regulation that modernizes and strengthens the program in several key ways. The bill directs the Department to modify the au pair stipend in a uniform national way, while keeping the program affordable and flexible for American families. The bill also highlights the participation of military and first-responder families who have increasingly come to rely on and appreciate the value of the program. Lastly, the bill underscores the importance of au pair immersion in host family culture and life.

All of these topics were key parts of the Alliance’s previous comments on the Department of State’s Notice of Proposed Rulemaking (NPRM) earlier this year, and we’re pleased to see them so comprehensively addressed in this legislation. The Alliance looks forward to collaborating with our members and Congressional offices as this bill moves through the legislative process.

Bringing Life to Foreign Policy: Summer Work Travel and Camp Counselor Program Impact Webinar

What do a water park in Wildwood, New Jersey and a summer camp in Wilmot, New Hampshire have in common? They both engage with and benefit from educational and cultural exchange programs!

On April 17, the Alliance hosted a webinar for the Summer Work Travel and Camp Counselor network focused on actionable strategies to enhance awareness and understanding of the benefits of these programs in local communities nationwide.

We are grateful to all those who were able to join the webinar. A recording of the conversation can be accessed here.

Special thanks to:

• Deputy Assistant Secretary for Private Sector Exchange at the Bureau of Educational and Cultural Affairs (ECA) Rebecca Pasini for her featured remarks

• Jonas Arjes, Executive Vice President/Chief Economic Development Officer for the Branson/Lakes Area Chamber of Commerce; Denise Beckson, Vice President and Officer at Morey's Piers; Scott Brody, Owner and Director, Camps Kenwood and Evergreen and Board Member, American Camp Association; Mike Snider, Mayor of the City of Port Clinton, Ohio for participating in the panel discussion

• Tanya Burovtseva, Director, External Engagement at InterExchange and Tracy Taylor, Government Relations Counsel at Alignment Government Strategies for their partnership in planning the webinar

Ensuring Programmatic Integrity: Commenting on the Au Pair Proposed Regulation

A critical area of the Alliance’s advocacy efforts is engaging in the Department of State’s regulatory processes. When the Department proposes changes to the function and implementation of a program, the Alliance engages impacted members, partners, and communities to gain an understanding of the situation and put forward a strong, unified response. The federal regulatory process provides for public comment periods, and submitting comments during this time is critical to influencing the outcome. 

Our most recent work came on behalf of the Au Pair Program. In October 2023, the Department of State released a notice of proposed rulemaking (NPRM) outlining major regulatory changes to the federal Au Pair Program. The Alliance has long supported modernizing the Au Pair Program regulations for the benefit of au pairs and host families. Upon reading the proposed changes and hearing from our Au Pair members, however, we became concerned that the proposed regulations would threaten to significantly harm an exchange program with a nearly 40-year track record of success.  

Our first step was to work with our Au Pair Steering Committee and Working Group to gain a full understanding of the impact of the proposed changes. What we came to understand is that, if enacted, the proposed regulation would: 

• Strip away the essential cultural exchange nature from the program, turning it into a domestic labor program; 

• Diminish participation in the program by 70-90% by making it far too expensive and outpricing many American families, including middle-class and military families, and essential workers and first responders, and thus concurrently diminishing the number of au pairs who could participate; and 

• Negatively impact the Department of State’s public diplomacy goals. 

Second, we petitioned the Department to extend the comment period. The initial comment period was only 60 days, set to end on December 29, 2023. Given the limited amount of time this gave concerned parties to share their thoughts (not to mention two major holidays also cutting into the time), the Alliance requested that the comment period be extended by at least 30 days. This request directly led to a 30-day extension, with a new deadline of January 28, 2024. 

Third, we immediately engaged au pair host families, encouraging them to submit their own comments on the proposed regulation. This grassroots letter campaign led to 5,233 comment letters being sent to the Department. We also led a campaign encouraging constituents to write their Senators and express support for the program, which led to  4,286 advocates reaching out to all 100 Senators. 

Fourth, we wanted to have a fuller understanding of the impact these regulations would have on the program, namely on the desire and ability of host families to participate. We worked with the firm McDermott, Will & Emery to survey current and recent host families. Unfortunately, the data showed that, if these proposed regulations went into effect and raised the price of the program by 150-200%, more than 90% of host families would no longer choose to participate. This would of course have a devastating impact on the program.  

And finally, we gathered detailed information from our Au Pair members regarding the more than 220 changes being proposed. This information formed the basis of the fifty-page comment letter we submitted to the Department. This letter addresses our general concerns (p. 1), identifies principal problematic aspects of the NPRM (p. 5), and outlines recommendations for a clear and modernized regulation (p. 10). It also provides commentary and recommendations on more than 50 individual proposed provisions. 

Summary of Problematic Aspects 

• Counter to the cultural exchange mission and mandate of the program 

• Does not include a clear statement of federal preemption 

• Undermines the experience of au pairs 

• Dramatic increase in costs for host families, and, consequently, a dramatic decrease in au pair and host family participation 

• Complex and burdensome administrative requirements would discourage participation and create new problems where there were none previously, and confusing and contradictory requirements would put host families at risk of liability 

• Underestimation of financial burden on sponsors 

Guiding Principles for a Successful Regulation 

• The regulation must include an express, clarifying statement of federal preemption as to the program’s terms and conditions 

• The regulation must be narrowly tailored, aiming to modernize and clarify only key issues 

• The regulation must continue to ensure that cultural exchange is at the heart of the program 

• A commitment to maintaining affordability and accessibility must be central 

• The regulation should keep the administrative burden at a minimum 

• The current flexibility must be retained 

While this comment letter is only the start of our engagement in the regulatory process, it is a significant one that dictates our actions and messaging going forward as we continue to engage with our colleagues at ECA to come to an NPRM that supports all those invested in the program. We are grateful for all those who contributed to the comment letter process and look forward to the work to come to ensure the integrity of this important cultural exchange program is preserved.

Check out a full summary of our work on the Au Pair proposed regulation, as well as on Congressional activity and media mentions. 

Au Pair Program Clarifying Regulation

Background:
On October 30, 2023, the Bureau of Educational and Cultural Affairs (ECA) at the Department of State (DOS) released a notice of proposed rulemaking (NPRM) outlining significant regulatory changes to the federal au pair cultural exchange program. These changes were only proposed (not enacted) and put forward for public comment.

The Alliance has long supported modernizing the Au Pair Program regulations for the benefit of au pairs and host families. We are very concerned, however, that the proposed regulations threaten to significantly harm an exchange program with a nearly 40 track record of success. Specifically, if enacted, the proposed regulation would:

• Strip away the essential cultural exchange nature from the program, turning it into a domestic labor program

• Diminish participation in the Au Pair Program by 70-90% by making it far too expensive and outpricing many American families, including middle-class and military families, and essential workers and first responders, and thus concurrently diminishing the number of au pairs who could participate

• Negatively impact the Department of State’s public diplomacy goals

Alliance Response:
In response to these proposed changes, the Alliance, along with our members and fellow program advocates, took the following actions: 

• Initiated request to extend comment period: The initial comment period for the proposed rule was only 60 days, set to end on December 29, 2023. Given the limited amount of time this allowed concerned parties to share their thoughts, the Alliance sent a letter to ECA requesting the comment period be extended by at least 30 days. This request directly led to a 30-day extension of the comment period, with a new deadline of January 28, 2024. 

• Led comment letter writing campaign: The Alliance launched a grassroots letter writing campaign that led to 5,233 comment letters being sent to DOS. 

• Led Senate letter writing campaign: The Alliance also led a grassroots letter campaign for constituents to write their Senators and express support for the program, which led to 4,286 advocates reaching out to all 100 Senators. 

• Submitted Alliance comment letter: After extensive consultation and collaboration with au pair members, the Alliance submitted a comprehensive comment letter outlining our overarching concerns with the proposed rule, sharing our reactions to specific changes, and outlining recommendations. In particular, we noted:

  • That the proposed regulations would make the program too expensive and too administratively burdensome for most host families to participate. Participation by both host families and au pairs would thus plummet, irreparably harming the program and threatening its existence.

  • That we believe any future version of this proposed regulation should not be an unnecessarily sweeping re-regulation of the program, but rather a narrowly-tailored program update that focuses on:   

    • A clear statement of federal preemption to clarify any confusion regarding the fact that the federal regulations of the program always have and continue to preempt all state and local labor laws as to the  program’s terms and conditions, including local wage and hour laws that may otherwise seek to regulate au pair compensation;   

    • A reasonable and uniform increase to the au pair stipend     

    • An update to the educational component to include volunteer and online opportunities and with a reasonable increase to the allowance families would pay.

• Facilitated research and comment from regulatory experts: In partnership with the Alliance’s au pair members, we worked with the firm McDermott Will & Emery to gather data on how the proposed changes would impact au pairs and host families, as well as to submit further comment.  

Congressional Response: 

• Bipartisan Senate sign-on letter in support of the Au Pair Program: On December 15, 2023, Senators Shaheen (D-NH) and Tillis (R-NC) sent a bipartisan letter to the Department of State expressing support for the Au Pair Program and concern about the proposed regulation. The final letter was co-signed by: Senators Coons (D-DE), Cruz (R-TX), Duckworth (D-IL), Risch (R-ID), and Van Hollen (D-MD).  

Partner Response:

• U.S. Small Business Administration comment letter

Media: 

• Au Pair Program Eyed for Wage, Hour Revamp in New US Proposal – Bloomberg Law 

• Au Revoir, Au Pairs – The Wall Street Journal 

• Au Pair Wage, Hour Overhaul Public Comment Period Extended – Bloomberg Law 

• WILL THE AU PAIR PROGRAM CONTINUE TO BE AN AFFORDABLE OPTION FOR MILITARY FAMILIES? - National Military Family Association 

• Cost of Hiring Au Pairs Could Double Under Biden Administration Proposal – The Wall Street Journal 

• Au (s)pair me – Politico 

• State Dept. proposing major changes to U.S. au pair regulations – NBC12 

• Families threaten to exit the au pair program if stricter rules are finalized – The Washington Post 

• Pending changes to the au pair program – Good Morning America