Visa stamping expired: H-1Bs in Texas facing denial of driver's license renewal owing to 'new rule'

H-1B visa holders in Texas are being denied renewal of their driver's licenses because their visa stamps have expired, according to reports. The issue stems from a new rule implemented by the Texas Department of Public Safety (DPS).

The DPS now requires that applicants for driver's license renewal present a valid visa stamp, even if they have other valid immigration documents such as an approved I-797 notice. Previously, an approved petition was sufficient to prove legal status.

This change has affected many H-1B workers who have valid status but whose visa stamps have expired while they are in the United States. Without a valid driver's license, these individuals face difficulties commuting to work and carrying out daily activities.

The rule appears to conflict with federal guidance, which allows foreign nationals with valid status to use their I-797 as proof of legal presence. Immigration attorneys have raised concerns that the policy may be unlawful and are exploring legal options.

The Texas DPS has not publicly commented on the policy change or the number of individuals affected. Affected H-1B holders are advised to consult with an immigration attorney to explore their options, which may include applying for a visa stamp abroad or seeking a waiver.