Green-Card Holders and Visa Applicants Included in New Biometric Rule
A final rule published by DHS on October 27, 2025, will require nearly all non-U.S. citizens, including green-card holders and visa-holders, to be photographed each time they enter or depart the United States. The measure takes effect December 26, 2025 and marks a significant expansion of the biometric entry-exit system used by U.S. Customs and Border Protection (CBP). For immigration attorneys and firms, this means added scrutiny for clients’ travel activity, recordkeeping and entry/exit compliance.
The Rule, Its Purpose, and Who It Affects
Historically, CBP has collected photos and biometric data primarily at entry points for non-citizens and for certain departing travelers. The 2025 rule amends 8 CFR to allow DHS to require photographs and other biometrics at both entry and exit for aliens (non-citizens), including lawful permanent residents (LPRs).
Key features of the new biometric rule:
- The rule applies to air, land, and seaports of entry and departure
- It removes age-based exemptions for facial recognition (e.g., children under 14 and adults over 79) in many cases
- CBP estimates full implementation may span three to five years, with the December 26 date marking the rule’s legal effective start
What This Means for Immigration Attorneys and Their Clients
1. Travel compliance risk for LPRs and visa-holders
Clients who travel internationally may now face biometric capture both on departure and return. Attorneys should advise:
- Keep travel records and I-94 history readily accessible
- Monitor any red‐flag activity (e.g., extended stays abroad) that may be flagged in the biometric system
2. Record-keeping and documentation
Firms should incorporate travel-exit checks into their workflows:
- Pre-travel intake should now ask about prior departures/returns
- Post-trip review should verify no data mismatches (via TRIP or I-94 updates)
3. Strategic counselling for green-card holders
Although LPRs have not traditionally faced this level of biometric scrutiny, the rule aligns them more closely with non-immigrant visa holders in terms of surveillance. Counsel clients on:
- Avoiding long trips abroad without reentry permits
- Documenting reasons for travel longer than six months
Key Steps for Firms Right Now
- Update intake questionnaires to include departure data questions
- Flag clients with recent or upcoming international travel for review of exit/entry history
- Advise employer-clients that visa-holding staff may face new border scrutiny which could delay boardings or entries due to the new biometric rule
- Maintain transparent communication with clients: explain the new rule, its implications for travel, and what to expect at ports of entry and exit
