How New Biometric Face Recognition Checks Impact Visa and Green Card Holders: An Analysis of the Expanded System at U.S. Borders and the Real Status of F-1 Student Visas

Introduction

Starting December 26, 2025, the U.S. Customs and Border Protection (CBP), under the Department of Homeland Security (DHS), will roll out an expanded biometric entry–exit system requiring nearly all non-U.S. citizens—including visa-holders and green-card holders—to be photographed by facial-recognition cameras each time they enter or leave the United States. (Federal Register) The biometric data collected will include facial images and other identifiers, as part of enhanced border controls. These new rules will take effect on December 26, 2025, and will apply to all non-U.S. citizens, including green card holders.

At the same time, the F-1 student-visa program is resuming after months of consular slowdowns—yet with tighter screening and new regulatory proposals that could replace “duration of status” with fixed stay periods. (Reuters)

Key Point:

Immigration attorney Richard T. Herman of the Herman Legal Group explains the stakes succinctly:

“When travel and status decisions are layered with biometric surveillance, the entire migration ecosystem shifts—including for people who thought their green card gave them stability.”

According to the Federal Register, the federal register filing details the new travel guidance and the expansion of facial recognition technology at all entry and exit points. The new rules require border authorities to photograph non-citizens at all points of entry and exit as part of enhanced biometric data collection.

US Customs is responsible for implementing these measures, which include the use of facial recognition technology and expanded biometric screening to improve identity verification and border enforcement.

The scope of the rule applies to all aliens collected at border points, including those holding green cards. This guide breaks down what the new border rule means for visa-holders, lawful permanent residents (LPRs), and students—that is, all non-U.S. citizens, including green card holders—and what proactive steps—legal, practical, and strategic—they should consider in 2025–26.

The New Biometric Entry–Exit System

The rule, published October 27 2025, empowers CBP to photograph “all aliens” at every port of entry and departure—including airports, seaports, and land crossings. The new system builds on the existing process of biometric data collection and travel document verification, expanding and enhancing current procedures to improve security and oversight. The new system will record biometric data at all entry and exit points, including airport borders and land borders, to enhance security and prevent fraudulent use of travel documents. CBP officers will use live photos to compare biometric data collected at entry and exit points, helping to detect fraudulent documents and fraudulent travel documents, and to verify legitimate travel documentation.

Additionally, the rule mandates the collection of other biometric data from non-citizens, further expanding the scope of biometric information and data collection gathered. (AILA)

Major changes:

• Universal coverage. All non-citizens—including children under 14 and adults over 79—will now be photographed. (India Today)
• Expanded locations. Applies to air, land, and sea departure points, not just airports. (Boundless Immigration)
• Goals cited by DHS. Prevent visa-overstays, detect document fraud, strengthen national security, and enhance identity checks for all travelers. The biometric entry-exit system is also intended to address national security concerns arising from the threat of terrorism. (Reuters)
• Timeline. Full implementation expected within three-to-five years at all major ports of entry.

Every visa-holder and green-card holder should now assume that each departure and re-entry will generate a permanent biometric record. Continuous biometrics screening throughout a foreign national’s stay in the U.S. has been proposed, which could impact employment authorization if processing is delayed.

What This Means for Visa-Holders and Green-Card Holders

1. Travel and Re-entry Implications

• Expect longer processing times at departure and return, as biometric checks now apply when leaving the country as well as upon return. Biometric verification at departure helps address challenges such as detecting overstays and enhancing border security.
• Facial-recognition mismatches—already documented in pilot programs—may delay boarding or admission.
• Travel histories will become digitally linked to visa-records, overstay tracking, and future adjudications.

The new travel rule requires biometric verification for all non-citizens at both entry and exit.

Expert Insight

“We’re entering a world where your travel photo becomes your immigration record,” Immigration Attorney Richard T. Herman warns. “For students, H-1B professionals, or LPRs, one mistagged photo could complicate future filings.”

2. Impact on Lawful Permanent Residents (LPRs)

The rule explicitly includes green-card holders. (Business Standard) Biometric records will assist authorities in determining if an individual has exceeded their authorized stay, ensuring compliance with permitted periods of absence.

Key consequences:

• CBP will automatically log each departure; extended absences could be used to question continuous residence.
• Multiple long trips abroad may trigger secondary inspection or abandonment inquiries at re-entry.
• Elderly LPRs and dependent family members—previously exempt—are now fully subject to biometric capture.

3. Privacy and Surveillance Risks

Civil-rights groups cite algorithmic bias in facial recognition, particularly for women and people of color. This technology has shown higher error rates for these groups, as well as for children, leading to potential misidentification. Incomplete biographic data can further complicate identity verification and increase the risk of errors. (Washington Post)

The inclusion of minors and seniors raises further ethical questions about consent and data retention.

4. Practical Guidance for Travelers

• Carry original immigration documents (visa, passport, I-94, I-551).
• Allow extra time for biometric checks at airports and land crossings.
• Keep evidence of ties to the U.S. (tax returns, lease, employment) when traveling for long periods.
• If flagged or delayed, contact an immigration attorney immediately—before any written statement to CBP.

Are F-1 Student Visas “Back On”?

The Short Answer

Yes—but with new conditions.
Consular processing resumed in mid-2025 after months of suspension for security-system upgrades. (Reuters)
However, visa interviews now involve:

• Comprehensive social-media review (WSJ),
• Country-of-residence filing requirements, and
• New fixed-stay proposals replacing the traditional “duration of status.” (Yale OISS)

What This Means for Students

• You may apply for an F-1 visa if you hold a valid Form I-20 from an SEVP-approved institution. (Study in the States)
• Expect interview delays; schedule early.
• Travel during studies now involves biometric exit/entry.
• Students must maintain full-time enrollment, report address changes, and avoid unauthorized work.

Expert Opinion

“For international students, the path now runs through dual gates: one physical, one digital,” Herman says. “You clear customs, then the algorithm clears you.”

Institutional & Law-Firm Comparison

• Large firms such as Fragomen, BAL, and Murthy Law Firm issue cautious bulletins emphasizing compliance and documentation.
• Herman Legal Group takes a rights-driven approach, conducting individual risk assessments and liaising directly with university officials. Herman notes, “Policy is shifting faster than consular systems can update their software. Students need lawyers who translate chaos into clarity.”

The Intersection: Biometric Tracking + Student Travel

Under the new rule, every international student’s departure and return will be biometrically matched.
Scenario: An F-1 student changes schools during the summer, leaves the U.S., and re-enters in January 2026. The exit photo from August and the entry photo from January link automatically.
If the DHS SEVIS database hasn’t updated the transfer, CBP’s system may flag an inconsistency—leading to secondary inspection or admission deferral.

For F-1 dependents (F-2) or graduate researchers on OPT/CPT, this matching raises similar risk: status-update lag = travel-re-entry problem.

Attorney Opinion

Richard T. Herman summarizes: “What used to be a paperwork issue is now a facial-recognition issue. Your face becomes your status.”

Legal, Ethical & Policy Dimensions

Legal Basis

DHS cites statutory authority under the Enhanced Border Security and Visa Entry Reform Act of 2002 and subsequent mandates for biometric entry/exit. (Congress.gov summary)

The final rule (CBP-2025-0033) codifies this in 8 C.F.R. §§ 215 and 235. (AILA Library)

Ethical & Privacy Concerns

• Bias & accuracy: Studies show higher false-positive rates for darker-skinned travellers. (MIT Media Lab study)
• Data retention: CBP stores biometric images for up to 75 years; potential sharing with other federal agencies raises oversight issues and privacy concerns.
• Chilling effect: Some non-citizens may avoid travel for fear of mistaken identity or record errors.

Policy Implications

The rule aligns with a global trend of data-driven border management—visible in the EU’s Entry/Exit System (EES) and Canada’s planned Traveller Digital ID. The U.S. version, however, goes further by including lawful permanent residents. The next CBP phase of biometric and facial recognition system implementation is expected to further expand these capabilities, with future rollouts planned to enhance border security and streamline processing.

This system is also part of the Trump administration’s broader effort to tighten immigration and border enforcement.

Recommendations for Lawful Permanent Residents (LPRs)

1. Review Travel Patterns
   Frequent or extended absences—now digitally documented—can raise abandonment questions. Consult counsel before spending more than six months abroad.
2. Keep Proof of Ties
   File annual U.S. taxes, maintain a U.S. address, and retain employment or property evidence.
3. Consider Applying for U.S. Citizenship
   Many long-term LPRs may wish to explore naturalization to avoid recurring biometric scrutiny and preserve full re-entry rights.

• First, vet your case with an experienced immigration attorney to confirm eligibility and identify risks (criminal history, prolonged absences, unresolved tax issues).
• Naturalization converts you from “tracked traveler” to citizen exempt from exit biometrics—though you remain subject to standard entry checks.
• Herman Legal Group routinely reviews N-400 applications for LPRs facing heavy travel or business abroad, assessing when and how to file strategically. (Schedule a consultation)

Pro Tip:

“Citizenship isn’t just symbolic anymore,” Herman explains. “It’s the legal firewall between routine travel and constant surveillance—but you have to make sure you qualify before you apply.”

4. Avoid Last-Minute Travel Around the Launch Date
   Ports may experience confusion during the initial biometric rollout; consider postponing optional travel until 2026 Q1 if possible.

Ethical and Practical Steps for Students, Visa-Holders & Institutions

For visa-holders and students

• Travel with complete documentation and expect facial-recognition scans at departure and entry.
• Keep digital copies of I-94s and SEVIS records; mismatches can be challenged with proof.
• Avoid social-media content that could be misconstrued under security vetting.

For universities and employers

• Update international-office guidance to reflect biometric exit procedures.
• Remind employees or students on visas to consult legal counsel before changing programs or traveling mid-semester.

For attorneys and law firms

• Provide biometric-risk audits for frequent travelers.
• Train staff on interpreting CBP’s “Travel History” data from I-94 systems.
• Develop templates for clients to document travel reasons and duration.

Herman Legal Group vs. National Firms: Contrasting Approaches

Action Checklist (2025–26)

For Visa-Holders

• Verify passport, visa, I-94, and CBP records before travel.
• Schedule extra time for airport departure gates equipped with facial-recognition booths.
• Monitor DHS announcements for port-specific rollout updates.

For LPRs

• Keep continuous-residence evidence (leases, bills, taxes).
• Consult an attorney before trips over six months.
• Evaluate naturalization eligibility; apply when qualified.

For Students

• Coordinate with your Designated School Official (DSO).
• Track visa expiration and proposed “fixed-stay” timelines.
• Avoid long absences abroad between terms.

For All Non-Citizens

• Remember: every exit is now recorded; plan accordingly.
• Stay informed through official DHS, CBP, and law-firm updates.

Key Takeaways

• December 26 2025 marks the start of universal biometric exit/entry for non-citizens.
• Green-card holders are included; even children and the elderly will be photographed.
• F-1 student visas have resumed but with heightened scrutiny and proposed duration limits.
• Visa-holders and students must plan travel carefully; mismatches or missed updates can trigger delays.
• Privacy and bias issues remain unresolved; data retention spans years.
• LPRs should consider consulting counsel about U.S. citizenship as the most durable protection against future travel restrictions.
• Law firms diverge: large national practices focus on compliance; Herman Legal Group foregrounds human rights, individualized counsel, and proactive citizenship planning.
• The 2025 biometric rollout is not only a technological shift—it is a test of how a democratic nation balances security with liberty.