NRI PULSE STAFF REPORT
Houston, TX, June 30, 2026 — Texas is proposing a change to its driver’s license rules that immigration attorneys say could make it harder for some people who are legally living and working in the United States on temporary visas to obtain a Texas driver’s license or state ID.
The Texas Department of Public Safety (DPS) has proposed changing its REAL ID rules so that a foreign passport used to prove identity must contain a valid U.S. visa. Under the current rule, a passport with a U.S. visa that is valid or expired can be used, as long as it is accompanied by a valid Form I-94, the federal document that shows a person’s authorized stay in the United States.
If the proposal is approved, the words “or expired” would be removed from the rule. Public comments on the proposal are being accepted through July 26, 2026.
DPS says the change is intended to bring Texas rules into line with federal REAL ID regulations.
The proposal has drawn concern from Houston-based immigration law firm Reddy Neumann Brown PC, which says the rule could create problems for many nonimmigrant visa holders who are legally living in the United States.
The key issue is that a visa and a person’s legal immigration status are not the same thing.
A visa stamp in a passport is mainly used to enter the United States. Once someone has been admitted, the length of time they are allowed to remain is usually determined by their Form I-94 or by later approvals from U.S. Citizenship and Immigration Services (USCIS).
For example, an H-1B worker may have a visa stamp that expired last year but still have permission from USCIS to live and work in the United States for several more years.
Under the current Texas rule, that worker can use the expired visa, together with an unexpired I-94, as proof of identity when applying for a Texas driver’s license. Under the proposed rule, the expired visa would no longer qualify.
Reddy Neumann Brown says this could leave some lawfully present immigrants without an easy way to prove their identity, even though the federal government can verify both their identity and immigration status through the SAVE database.
“The proposed amendment would… create a serious licensing trap for people who are lawfully maintaining nonimmigrant status but whose visa stamps have expired,” the law firm wrote in an analysis posted on its website.
The issue is expected to affect primarily people applying for their first Texas driver’s license after moving to the state. Those who already have a Texas driver’s license and renew it on time are generally able to continue using that license as their primary identity document.
The University of Texas at Dallas has already advised international students who will need a Texas driver’s license to apply before their visa stamp expires, if possible. The university also noted that some applicants who have changed or extended their immigration status may be able to use certain USCIS approval documents instead of a visa, based on guidance it received from DPS.
Reddy Neumann Brown is encouraging affected residents to submit comments before the July 26 deadline. The firm argues that an unexpired passport, together with current federal immigration records such as a valid Form I-94, should be enough to prove a person’s identity for a driver’s license, even if the visa stamp in the passport has expired.
