H 1b Workers Face Trouble Over Texas Driver License Renewals
Great Andhra
Immigration attorneys say they are receiving several complaints from Texas that H-1B visa holders are being denied driver license renewals because their visa stamps have expired.
Attorney Emily Neumann said there is no Texas rule that supports such denials and warned that the issue could lead to litigation if it continues.
She explained that a visa stamp is only a travel document and not proof of immigration status.
According to her, many H-1B workers may have expired visa stamps in their passports but still remain in valid legal status through an approved extension or change of status.
“A lawfully present worker walks into a Texas DPS office to renew a driver license and walks out denied. The reason given is that the U.S. visa stamp in their passport has expired,” Neumann said, explaining the latest issue.
“A visa stamp is not a status document. It is a travel document, used once to apply for admission at a port of entry. After someone is admitted, it is the Form I-94, not the visa foil, that controls how long they may stay,” she said.
Neumann said a person whose visa stamp expired years ago can still be in completely valid status today if they have an approved extension or change of status. Therefore, an expired visa stamp does not determine their identity or their right to stay in the United States.
She also pointed out that Texas rules accept both valid and expired visa stamps for driver license renewal when presented along with a valid Form I-94.
“It accepts a foreign passport with a valid or expired visa issued by the United States Department of State, together with a valid Form I-94, as a primary identity document. The Department’s own Form DL-17 says the same thing. The visa may be expired. The rule states it in plain text,” Neumann said.
She said she has asked the Texas Department of Public Safety to confirm its rule in writing and direct its offices to apply Section 15.24 as written.
Neumann added that lawfully present professionals should not be denied a basic credential over a document that has nothing to do with their identity or immigration status.
“These are people who work, support families and contribute to Texas every day, and they should not have to fight for a basic credential the state’s own rule already says they qualify for,” she said.
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