It is the end of an era. Pursuant to a January 20 presidential executive order, the US is changing the rules for foreign nationals, including some Canadian snowbirds, who enter the US as visitors without visas.

Who must register:
Beginning April 11, the following visitors without visas (including infants) who are not otherwise exempt must register:
- Those planning a visit of 30 days or longer
- Those already in the United States on April 11 who plan to stay (or who have stayed) 30 days or longer
- Those who enter for less than 30 days but end up staying 30 days or longer.
To register:
- Create an individual account on the USCIS.gov website. Do not create a second account if you already have an account unless instructed to do so.
- From that personal account, complete form G-325R online. G-325R asks for:
- Full Legal Name
- Date and Place of Birth
- Date and Place of Entry into the United States
- Current US Address and Contact Information
- Immigration Status (if applicable)
- Criminal History (if applicable)
- While there is a fingerprinting requirement, citizens of Canada are exempt from fingerprinting under an interim rule. It seems likely that they will be exempt under the final rule as well.
Foreign nationals 14 years of age and older who are merely Permanent Residents of Canada will probably be subject to fingerprinting. Those who reach the age of 14 during their stay will need to apply for fingerprinting and be fingerprinted within 30 days.
However, the new rules do not apply to those who are exempt:
- Canadian visitors who receive an I-94 Arrival/Departure document when they enter (typically air travelers)
- NEXUS participants
- Visa Waiver Program participants, and
- Indigenous people, in certain circumstances.
Registrant responsibilities:
Registrants will have essentially the same responsibilities that other foreign nationals already have, including nonimmigrants with visas and green card holders (even if they are unaware that they have these responsibilities):
- Inform the Government regarding each change of US address within 10 days per the process that the Government provides,
- After every entry, go online and confirm that the I-94 that you have been issued is in the Government data system and that the date is correct: I-94 Official Website – Home Page Keep in mind that entering the document and data correctly is not the Government’s responsibility. That is your responsibility.
- Carry evidence of registration on your person at all times (USCIS will provide documentation),
- Register again before each entry (It is not 100% clear at this point, but it seems likely that even a registrant who takes a day trip to Mexico will need to register again.)
Willful failure to register is a crime punishable by a fine of no more $5,000 and/or imprisonment up to six months. Fraud related to registration is also a crime.
Interim regulations have been posted to the Federal Register as required for a comment period.
Why punish snowbirds?
Registration is not intended to punish Canadian visitors who don’t have visas. Rather, registration is designed to eliminate a potentially dangerous blind spot for America in managing its borders. Registration allows the US to collect data from the two or three million annual visitors from Canada, which is the same data it already collects from virtually every other foreign national. The responsibilities and protocols associated with registration should be familiar to every foreign national with a visa or green card, and from now on, Canadian visitors without visas will be treated like everyone else.
Given America’s unique (and historically warm) relationship with Canada, the Trump Administration could and should have done a better job of rolling out the registration program.
What are the practical implications of registration?
From now on, assume that US immigration authorities, including every border control officer you encounter, will have excellent records of how much time you spent in the US, and those will be available to every border control officer.
Be diligent about monitoring your length of stay. Get in the habit of counting days spent in the US. Mark a calendar. A multi-year calendar is ideal for tax reasons (discussed below).
Depart before your 183rd day to remain compliant with US immigration authorities. Assume staying in the US for more than 182 days has consequences. Staying merely an extra day or two could mean that your next stay is limited to a few weeks. Any time restriction imposed will be documented on your new I-94,your passport, or both.
Understand what resets the visitation clock (calendar), allowing you another 182 days. Merely leaving the US does not reset the clock. You must spend months abroad for the rest to be granted, and at this time we don’t know how many months are required. But it does appear likely that the glory days of spending seven months in the US soaking up warm sunshine under the radar are over.
Understand the IRS Substantial Presence Test and avoid it. For immigration purposes, the magic number is 182 days. But the US Internal Revenue Service (IRS) has its own magic number. Spending too many days in-country can trigger US tax residency based on IRS calculations.
What’s the IRS magic number? It’s considerably less than 182, and is actually just 31 days in the current year plus 180 days during the previous three years. More specifically, the Substantial Presence Test formula used in that calculation is: 1) all of the days in the current year, plus 2) one-third of the days last year, plus 3) one-sixth of the days in the previous year.
The Substantial Presence Test does NOT mean that you need to spend less than forty-five days in the US annually. There are steps you take and strategies you can follow to lawfully avoid triggering Substantial Presence while you still enjoy your months in the sun. But it is strongly advised that you consult a qualified cross-border tax expert to ensure you do not subject yourself to IRS consequences.
The impetus to explore options:
The beauty of “visitor without a visa” status was zero effort, zero headaches, and almost zero risk. As of April 11, the effort and headaches are rather significant, and ignoring the risks can result in substantial immigration visa and taxation complications.
Understandably, some Canadians will find this registration regime unwarranted and even insulting, and they’ll choose to avoid the US and spend their time and loonies elsewhere.
We can hope that at least a plucky few will see registration, the end of an era, as a strong motivation to explore other US immigration options and strategies. There are multiple options and Cardinal Point can help you understand each of them, so you can select the one that best suits your needs and goals.