New Biometric Entry/Exit Requirements for Foreign National Travelers Codified

Following a 30-day comment period, on November 27, 2025, Department Homeland Security (DHS) regulations were amended to provide that DHS may require all foreign nationals to be photographed when entering or exiting the United States, and may require non-exempt foreign nationals to provide other biometrics.  This final rule significantly expands the government’s authority to use facial comparison technology for identity verification, impacting all foreign nationals traveling to and from the U.S. The rule is effective December 26, 2025.

A COMPREHENSIVE BIOMETRIC ENTRY-EXIT SYSTEM

The final rule permanently establishes full-scale implementation of a Congressionally mandated, post-9/11 biometric security entry-exit system after a decades-long effort of pilot programs and testing.  The stated purposes of this system are to:

• Verify Identity: Confirm that the traveler is the true bearer of the travel documents presented to immigration authorities.
• Combat Fraud: Prevent visa fraud, document fraud, and identity theft.
• Improve Security: Enhance national security by identifying known or suspected terrorists or criminals.
• Identify Overstays: More accurately track departures from the U.S. to identify visa overstays and those present without admission.

The primary method for identity verification is facial comparison technology, which the U.S. Customs and Border Protection (CBP) considers to be the most accurate, efficient, and unobtrusive method. The system compares a live photograph of the traveler against a gallery of facial image templates derived from existing documents, such as passport and visa application photos, or previous border inspection encounters.

The use of facial comparison is expected to make the entry inspection process more efficient. DHS purports that the facial scan can quickly retrieve a traveler’s biographic data, potentially eliminating the need to scan a passport or collect fingerprints at every entry. Failure to comply with the requirement to be photographed may result in a determination of inadmissibility or a violation of the terms of the foreign national’s status.

WHAT EMPLOYERS NEED TO KNOW

Foreign national business and work visa travelers should expect to have their photographs taken and compared biometrically by CBP upon both arrival and departure from the U.S. The biometric screening process that is currently implemented at major ports of entry and exit is now a mandatory requirement for compliance with U.S. immigration law. CBP expects to fully implement the system at all commercial airports and seaports within the next three to five years.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Amy McCoy