Guidance on Obtaining Driver’s Licenses for F, M and J Visa Holders

In many areas around the U.S. driving is as essential as being able to read.  In our practice we face constantly foreign nationals who have been denied (correctly or incorrectly) a driver’s license due to their inability to show a certain document.

The U.S. Immigration and Customs Enforcement (”ICE”) division has released a guide targeted to holders of F, M and J visas with respect to obtaining drivers licenses and answers to some of the most common questions.

Lead times.  It is important to note that some foreign nationals on F, M or J status who are recent arrivals into the U.S. must plan in advance their application for a drivers license as some states have requirements for social security numbers (which application can take a few days) or other documents which require some preparation time.

F-1 holders in cap-gap extension.  In addition, from our practice we have encountered some F-1 holders who are subject to the cap-gap automatic extension of status have run into difficulty extending their driver’s license beyond the expiration date of their employment authorization document (”EAD”).  The ICE guidance provides some specific instructions in such cases and instructs the Designated School Official (”DSO”) to issue an updated I-20 to the F-1 holder or to make certain notations on the I-20 form.

Problem resolution contact.  In cases where the DMV refuses or is unable to issue a driver’s license, ICE has encouraged the DSO to contact directly SEVP  for assistance at sevis.source@dhs.gov and provide certain information (please see the attached guidance sheet, p. 6).