En esta noticia
Texas is changing its driver’s license identification rules, but a provision that could affect some foreign nationals will remain in place. A foreign passport containing an expired US visa can still be accepted as primary identification under certain conditions.
The Texas Department of Public Safety (DPS) adopted amendments to its identification requirements after the agency received hundreds of comments about a proposal that would have removed the option. The final rule was filed with the Texas Secretary of State on August 31 and will take effect September 20, 2026.
What will Texas allow with an expired visa?
Under the adopted rule, a foreign passport containing a US Department of State visa can be used as primary identification even if the visa is expired, provided the applicant has an unexpired Form I-94.
The rule covers an I-94 marked as valid for a fixed period. It also covers cases in which the I-94 is marked valid for the duration of the applicant’s stay when the required supporting documentation is provided.
The DPS had initially proposed removing the expired-visa provision as part of an update intended to align Texas requirements with the federal REAL ID Act. However, the department said the US Department of Homeland Security (DHS) subsequently updated its guidance.
According to the final Texas rule, DHS confirmed that a foreign passport with a facially expired visa can continue to be used for applicant identification as long as it is verified through the Systematic Alien Verification for Entitlements (SAVE) program.
Why the I-94 is important
The rule does not mean that an expired visa extends a person’s immigration status. Instead, the key document for this identification requirement is the I-94, which records an individual’s admission and authorized period of stay.
This distinction can matter for nonimmigrants whose visa stamp has expired while their authorized stay in the US remains valid. In those circumstances, an expired visa does not automatically mean that the person’s period of lawful presence has ended.
Texas DPS states that non-U.S. citizens must have their period of lawful presence verified with DHS before a driver’s license or identification card can be issued. The department also notes that additional verification may be required if the information cannot be confirmed electronically.
What applicants need to know
The final rule states that applicants must generally provide one piece of primary identification or a combination of secondary and supporting identification documents. The foreign passport with a valid or expired US visa and an unexpired I-94 is included among the primary identification options.
However, having an expired visa and a valid I-94 does not automatically guarantee that a person will receive a Texas driver’s license. Applicants must still meet the state’s other eligibility requirements, and their information must be successfully verified through the applicable DHS process.
For temporary visitors, Texas DPS also explains that a Limited Term driver’s license or identification card is tied to the individual’s period of lawful presence. If that period has expired, applicants must provide documentation showing a change or extension of status.
The rule, therefore, preserves an important distinction for eligible applicants: an expired visa and an expired period of authorized stay are not necessarily the same thing.