Texas Driver’s License Policy Update: Expired Visas and Valid I-94s

Texas is updating its rules for accepting identification documents for driver’s licenses and state identification cards. Starting September 20, 2026, the state will accept foreign passports with expired U.S. visa stamps, as long as the applicant also presents a valid Form I-94 and passes federal verification checks. This change, filed with the Texas Secretary of State on August 31, 2026, aims to align with updated federal guidance on identity documentation.

The new policy clarifies that an expired visa stamp in a passport does not automatically disqualify it for identification purposes. The key is that the applicant’s admission record, specifically the I-94 form, must show a valid period of authorized stay. This means the passport establishes identity, while the I-94 provides the current admission information needed for verification.

Understanding the New Texas Identification Requirements

The updated Texas Department of Public Safety rule, found in 37 TAC § 15.24, focuses on the combination of documents required for identification. A foreign passport with a U.S. visa is still considered acceptable primary identification if the accompanying admission record remains valid. This applies to two main types of I-94 records: those marked for a specific, fixed duration, and those marked as “valid for the duration of stay.”

This means that even if the visa stamp itself has passed its expiration date, the passport can still be used for a Texas driver’s license or state ID. The crucial element is the I-94, which serves as proof of the applicant’s current lawful presence and authorized stay in the United States. This distinction is important because the I-94 reflects the terms of admission set by U.S. Customs and Border Protection, separate from the visa stamp’s validity.

How the I-94 Replaces an Expired Visa for Identification

The updated Texas policy acknowledges that a valid passport combined with an expired visa can still prove identity for REAL ID purposes, according to immigration lawyer Emily Neumann. This is based on updated guidance from the U.S. Department of Homeland Security. The rule treats the admission record, the I-94, as a distinct and essential component of the identification review process.

When an applicant presents a passport with an expired visa, the I-94 form will be examined to confirm the authorized period of stay. If the I-94 is current and supports the applicant’s lawful presence, and the information passes verification through the federal SAVE system, the documents will be accepted. This approach ensures that Texas continues to verify lawful presence while offering more flexibility in the types of identification documents it accepts.

What This Rule Change Does Not Mean

It is important to understand that this policy change does not alter an individual’s immigration status or extend their authorized stay in the United States. The rule specifically addresses which documents Texas will accept for licensing and identification purposes. It does not create new immigration benefits or change the underlying federal immigration laws that govern how long a person may remain in the U.S.

The expired visa stamp alone remains insufficient for these purposes. The passport must always be paired with an unexpired admission record, and all information must successfully pass the state’s lawful-presence verification process. The federal I-94 and related immigration records continue to dictate a person’s immigration status and the length of their admission to the United States. The rule is effective September 20, 2026, with the filing date of August 31, 2026, marking its official adoption.

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