Texas will continue to accept expired U.S. visas with valid I-94 records as identification for driver’s licenses, following updated guidance from the Department of Homeland Security.
The Texas Department of Public Safety (DPS) has announced that it will maintain its policy allowing certain foreign nationals to use a foreign passport containing an expired U.S. visa as primary identification when applying for a state driver’s license or identification card. This is contingent upon the individual having a valid I-94 and the document being verified through the federal Systematic Alien Verification for Entitlements (SAVE) program.
This decision comes after the DPS received significant public feedback, including hundreds of objections, to a proposed amendment that would have eliminated the use of expired U.S. visas as acceptable identification. The final rule, which was filed with the Texas Secretary of State on August 31, is set to take effect on September 20.
The updated policy aligns with recent guidance from the U.S. Department of Homeland Security, which states that a foreign passport containing a visa that is expired may still be utilized for identification purposes, provided it is verified through the SAVE program. The Texas DPS confirmed that amendments to its identification rules were unnecessary in light of this guidance.
This development is particularly significant for nonimmigrants who are lawfully present in the United States under a valid admission period, even if the visa stamp in their passport has expired. Under the revised rule, a foreign passport with either a valid or expired U.S. visa remains an acceptable form of primary identification, as long as it is accompanied by an unexpired I-94 marked valid for a fixed duration.
The rule also accommodates foreign passports that include a valid or expired U.S. visa along with an I-94 marked valid for the duration of stay, provided the necessary documentation is presented. For applicants who were not required to obtain a visa to enter the United States under federal law, the visa requirement may be waived.
To apply for an original Texas driver’s license or identification certificate, an applicant generally must present one piece of primary identification, one piece of secondary identification, plus two supporting documents, or two pieces of secondary identification. The Texas DPS classifies the combination of a foreign passport and visa as primary identification.
The proposed changes had generated considerable opposition, with 664 individuals, including members of the Executive Committee of the American Immigration Lawyers Association’s Texas chapter and Berry Appleman & Leiden LLP, submitting written comments against the removal of the expired visa provision. The department had published the proposed amendments in the June 26, 2026, issue of the Texas Register, allowing public comments until July 27. Ultimately, the final rule retained the expired visa provision following updated guidance from DHS.
Immigration attorney Sabrina L. highlighted the importance of advocacy in preserving this identification option, noting that Texas received confirmation from DHS that a valid passport with an expired visa could remain acceptable for REAL ID purposes when properly verified.
The distinction between a visa and an I-94 is crucial for nonimmigrants. A U.S. visa generally permits a foreign national to seek admission to the United States, while the I-94 records the individual’s admission and authorized period of stay. The official U.S. Customs and Border Protection (CBP) I-94 system describes the I-94 as the lawful record of admission, allowing eligible nonimmigrants to retrieve and print their most recent record.
This means that an expired visa stamp does not automatically indicate that a person has lost lawful status or must leave the United States immediately. Depending on individual circumstances, a person may remain in the country under a valid I-94 even after the visa used for entry has expired. The Texas rule focuses on identification and verification rather than treating an expired visa as proof of immigration status by itself.
The SAVE verification process remains central to this policy. The SAVE program, administered by U.S. Citizenship and Immigration Services (USCIS), provides federal, state, and local agencies with information used to verify immigration status when determining eligibility for licenses and other benefits. USCIS clarifies that SAVE does not decide whether an applicant qualifies for a specific benefit or license; that determination is made by the agency issuing the benefit or license after receiving verification information.
For nonimmigrants in Texas, the adopted rule signifies that an expired visa stamp does not eliminate the foreign passport and I-94 combination as an acceptable form of primary identification. However, applicants must still meet the specific requirements outlined by the Texas DPS, including possessing an unexpired I-94 and providing verifiable documentation.
It is important to note that the rule does not allow an expired visa to be used to establish a new period of admission or extend immigration status. The I-94 remains a critical document in determining an individual’s authorized period of stay. Therefore, the final Texas rule preserves an essential distinction for many foreign nationals: the expiration of a visa stamp does not necessarily equate to the expiration of authorized stay.
This policy update underscores the ongoing complexities surrounding immigration documentation and the importance of clarity in identification requirements for nonimmigrants in Texas, ensuring that they can continue to access essential services without unnecessary barriers.
According to The American Bazaar, the Texas DPS’s decision reflects a commitment to accommodating the needs of foreign nationals while adhering to federal guidelines.