Ever since the 9/11 terrorists obtained driver's license in Virginia, driver's license issuance in Virginia and other states has become more and more difficult for foreign nationals. Each state has its own requirements for driver's license issuance to foreign nationals. Driving is key for all aspects of daily life in most localities in the US, and driving without a license can result in significant fees and penalties. To ensure that there is no interruption in your ability to obtain and maintain a valid driver's license, you must be familiar with your state's requirements, and plan your immigration strategy and filings accordingly.

Helpful Tips for Seamless Driver's License Eligibility:

1.      If you hold non-immigrant status (for example, H-1B or L-1, among other classifications), you should be able to use the original receipt of your H-1B or L petition extension (or transfer filing, for H-1Bs), if you live in Virginia. Other localities may require the approval notice for license issuance. Please note that it takes at least 10- 15 days for USCIS to generate and mail the receipt notice.

2.       If you hold H or L status, you can avoid the stress of waiting for the receipt notice altogether! You can file the H or L extension up to 180 days in advance of the expiration of your current status. If you initiate the process close to that 180 day mark, the petition will likely be approved well before your driver's license expires. In that case, the only waiting or stress involved will be waiting in line at DMV.

Late-Breaking Change to Document Requirements for Driver's Licenses in Virginia

On September 7, 2010, Virginia Governor Bob McDonnell announced that the Virginia Department of Motor Vehicles (DMV) will no longer accept the Employment Authorization Document (EAD) as proof of legal presence in Virginia. Each applicant for a driver's license must prove legal residence in Virginia. Governor McDonnell has said that DMV will seek additional guidance from the Attorney General regarding federal documents that should be accepted going forward as proof of legal presence.

How Can I Obtain or Renew a Virginia Driver's License Now?

DMV will still accept twenty-one other forms of documentation of your legal presence in Virginia to obtain a driver's license. A full list of these documents is available here: https://www.dmv.virginia.gov/webdoc/pdf/dmv141.pdf. The documents include an unexpired foreign passport, visa (expired or unexpired), and an unexpired I-94 card; USCIS Form I-797 showing the applicant's name (DMV notes that in some instances this may not be accepted), or an unexpired re-entry permit. If you were previously using the EAD to obtain or renew your driver's license, you should have at least the USCIS Form I-797 (the form used to issue receipt and approval notices) from your immigration filing. You may be able to use this in conjunction with the EAD to document your legal presence.