Texas REAL ID Change May Affect Driver License Access for Certain Visa Holders

Quick Hits

• The Texas Department of Public Safety published a proposed amendment to its identity-document rule (37 TAC §15.24) on June 11, 2026, to align Texas with the federal REAL ID Act of 2005.
• Texas currently accepts a foreign passport with a U.S. visa—valid or expired—together with a qualifying Form I-94.
• Under REAL ID alignment, the applicant would be required to present a valid, unexpired visa, so an expired visa stamp would no longer satisfy this requirement even when the person remains in valid status.
• If the Texas proposal is adopted, affected workers may need to present an unexpired Employment Authorization Document (EAD) instead, and some nonimmigrant categories do not routinely receive one.

This gap arises because a visa stamp can expire while the holder maintains valid nonimmigrant status. A person who entered on a valid visa, later extended or changed status through U.S. Citizenship and Immigration Services (USCIS), and now holds a current Form I-94 or approval notice, may remain lawfully present even though the visa stamp has lapsed. Texas’s current rule accommodates that situation by accepting an expired visa; the proposed REAL ID alignment would not.

Thus, this is a documentation issue, not a lawful-presence issue. U.S. Customs and Border Protection treats Form I-94 as proof of legal visitor status, so an affected worker can still demonstrate lawful presence. However, the worker may not be able to satisfy the REAL ID foreign-passport document checklist once the visa stamp expires. This situation is most likely to affect employees relocating to Texas after a visa stamp has expired and who have no immediate need to obtain a new one.

Texas Today vs. REAL ID Alignment

	Texas Rule Today	Under REAL ID Alignment (Proposed)
Visa on the foreign passport	Texas accepts a foreign passport with a U.S. visa that is valid OR expired, with a qualifying Form I-94.	The applicant would be required to present a valid, UNEXPIRED U.S. visa affixed to the passport, with an approved Form I-94.
Effect of an expired visa stamp	Texas accepts an expired visa stamp, so a lawfully present worker with a current I-94 can still qualify.	An expired visa stamp would no longer satisfy this requirement, even if the worker were to remain in valid status.
Main alternative	The applicant may present an unexpired USCIS-issued document (for example, an EAD) with photo and verifiable data.	Same: The applicant may present an unexpired EAD if they have one.

Next Steps

Nonimmigrant employees planning to obtain an initial Texas driver’s license or identification card—particularly those moving to Texas—may want to confirm before applying that they hold an acceptable REAL ID document, such as an unexpired EAD or a passport with a valid, unexpired U.S. visa and an approved Form I-94. Because DPS has only proposed this amendment, the current rule remains in effect until adoption, and timing may matter for applicants near the effective date.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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