Texas is considering a Texas REAL ID rule change that could make it harder for some lawful temporary visa holders to obtain a driver’s license or state identification card.
The proposal from the Texas Department of Public Safety would require a foreign passport submitted with a REAL ID application to contain a valid U.S. visa. Public comments are open through Sunday, July 26, 2026.
How the Texas REAL ID Rule Change Would Work
Current Texas rules allow applicants to present a foreign passport containing either a valid or expired U.S. visa when accompanied by a valid Form I-94, which records a person’s authorized stay. The proposed language would remove the words “or expired.”
DPS said the revision would align Texas requirements with federal REAL ID regulations. The proposal has not yet taken effect.
Houston immigration law firm Reddy Neumann Brown PC said the change could affect people whose visa stamps have expired even though they remain lawfully present through an unexpired I-94 or a later approval from U.S. Citizenship and Immigration Services.
Why an Expired Visa May Not Mean Expired Status
A U.S. visa stamp is mainly used to seek entry into the country. After admission, a person’s authorized stay is generally shown by Form I-94 or later USCIS records.
An H-1B worker, for example, may have an expired visa stamp while still holding valid permission to live and work in the United States. Under the current Texas rule, the worker may use the expired visa with an unexpired I-94. Under the proposal, that passport and visa combination would no longer qualify.
The law firm said the proposal could create a licensing barrier even when identity and immigration status can be verified through the federal SAVE database.
Who May Be Most Affected
The issue is expected to affect mainly people seeking their first Texas license after moving to the state. The University of Texas at Dallas has advised international students to apply before their visa stamp expires when possible.
The university also said some applicants with extended or changed status may use USCIS approval documents, based on DPS guidance.
Because the change remains a proposal, affected residents may submit comments before Sunday, July 26, 2026. The final decision could determine whether some lawfully present temporary visa holders can qualify for Texas-issued identification using an expired visa stamp and valid federal status records.
