(TEXAS) – Texas Department of Public Safety proposed a rule change that would tighten what counts as primary identity proof for driver license and state ID applicants, creating a problem for lawful nonimmigrants whose passport contains an expired visa stamp.

The proposed amendments to 37 Texas Administrative Code §15.24 would remove language that let applicants use a foreign passport with a “valid or expired” visa alongside a valid Form I-94. In its place, Texas would require a passport with a valid visa and an unexpired I-94.

That shift reaches beyond travel paperwork. H-1B workers, H-4 dependants, F-1 students and others can remain lawfully present in the United States with a valid I-94, an approved USCIS extension, a valid I-20, or an Employment Authorization Document, even after the visa stamp in the passport has expired.

Texas Cites REAL ID Compliance

Texas said the amendment would align state rules with federal REAL ID standards. Federal REAL ID regulations list an unexpired foreign passport with a valid, unexpired U.S. visa and approved I-94 as one of the identity source documents, and Texas is moving its wording closer to that formula.

The distinction matters because immigration status and identity proof are not the same issue. A visa stamp controls travel and admission, while a person’s authorized stay after entry is reflected on the I-94 and related immigration records.

The U.S. Department of State says the visa expiration date does not show how long a person may stay in the United States. It also says the visa expiration date cannot be used to determine the permitted length of stay in the United States.

Students and Exchange Visitors Affected

Students and exchange visitors often illustrate that divide most clearly. An F-1 student whose I-94 is marked “D/S,” short for duration of status, can remain in valid status while continuing the qualifying program or employment, even if the visa foil in the passport expired long ago.

The Texas Driver License Rule change would hit people who have valid status documents but no current visa stamp. That includes many H-1B workers who extended status inside the United States and received a new I-797 approval notice and updated I-94, but never left the country to obtain a fresh visa at a U.S. consulate abroad.

H-4 Dependants and F-1 Students in the Gap

H-4 dependants face the same pattern because their status often tracks the principal H-1B worker’s approval. They may hold valid extension paperwork and remain lawfully present, yet still lack the passport-and-current-visa combination Texas now wants as primary identity proof.

F-1 students also fall inside that gap. Some on Optional Practical Training, or OPT, and STEM OPT have an unexpired EAD that may serve as an alternate primary document, but many students do not.

Interstate Movers Face Hardest Cases

People moving to Texas from another state may face the hardest cases. A worker can enter lawfully, live elsewhere, extend status through USCIS, then relocate to Texas for a new job after the visa stamp expires, arriving with a valid I-94, a valid approval notice, an out-of-state license, a Social Security card and proof of Texas residence, but still fail the primary identity proof test under the proposed rule.

Immigration attorney Emily Neumann said the issue could affect H-1B, H-4 and F-1 visa holders, including people who move to Texas from other states after their visa stamps have expired. She described the problem as a “trap” because a person may be lawfully present but still lack the specific identity document Texas wants for a driver license or ID.

Past Denials and University Warnings

The concern already extends beyond theory. Earlier denials in Texas involved H-1B workers seeking driver license renewals after local offices treated an expired visa stamp as disqualifying even where the applicant held a valid I-94.

The proposed amendment raises the prospect that what had been office-level confusion could become statewide policy. If Texas adopts the new wording, an expired visa stamp would no longer sit in a gray area inside the foreign-passport provision.

The University of Texas at Dallas International Students and Scholars Office warned students in June that an unexpired foreign passport may establish identity only if accompanied by a valid, unexpired visa. The university said that point matters especially for first-time Texas driver license or state ID applicants.

The same university update said DPS had communicated that people who changed status within the United States may present an I-797 approval notice in place of the visa document for REAL ID verification purposes. That may help some applicants, but it leaves room for inconsistent handling at local offices, particularly when staff are sorting out whether the problem involves identity verification, lawful presence verification, or a SAVE check.

Document Checklist for Applicants

Applicants preparing for a DPS appointment now need to check more than one document. The paperwork most likely to matter includes the passport, visa stamp, most recent I-94, I-797 approval notice where applicable, I-20 for F-1 students, any EAD, the current Texas driver license or Texas ID expiration date, out-of-state license validity, Social Security documents if applicable, and Texas residence proof.

Timing Matters

Timing may also decide whether an application goes smoothly. Someone whose visa stamp is still current may have a cleaner path if the person applies before that stamp expires, because an already-issued Texas credential can become the bridge document for later renewals so long as it stays valid or expired for less than two years.

That option does not exist for many people who already extended status inside the country and have no plan to travel abroad. For them, the central question is whether another acceptable primary identity proof exists, such as an unexpired EAD or another DHS or USCIS photo document.

H-1B workers and H-4 dependants without EADs appear more exposed than students on OPT or STEM OPT who hold current work authorization cards. A valid out-of-state license may support the file, but it may not cure a failure to satisfy the primary identity proof requirement if the applicant does not already hold a valid Texas credential.

Understanding Denials and Next Steps

If a DPS office refuses to process an application because the visa stamp is expired, the immediate issue may not be unlawful presence at all. It may be whether the office views the file as lacking acceptable primary identity proof under REAL ID and the Texas Driver License Rule.

Applicants in that position often need a more precise answer than a simple denial. The practical questions are whether the office is rejecting the passport document, sending the case through SAVE verification, or asking for a different primary identity proof.

Comment Period and Timeline

Texas has not finalized the amendment. The Texas Register notice says comments must be received within 30 days of publication, email submission is preferred at [email protected], and the earliest possible adoption date is July 26, 2026.

The comment period gives visa holders, universities, employers and immigration lawyers a narrow window to press DPS on the difference between an expired visa stamp and lawful status. That distinction already governs federal immigration practice, where the State Department’s rule is clear: the visa expiration date cannot determine how long a person may remain in the country.

Broader Implications for Daily Life

Daily life in Texas often turns on documents that have nothing to do with border admission. A driver license is used for commuting, apartment applications, banking, school drop-offs and domestic travel identification, which means a narrow change in primary identity proof can reach far beyond the DMV counter.

Texas residents affected by the proposal now face a document check that starts with the passport but does not end there. Anyone with an expired visa stamp and a valid I-94, especially H-1B workers, H-4 dependants, F-1 students and people arriving from another state, has reason to review the file before walking into DPS.