Can Undocumented Immigrants Obtain a Driver’s License in the U.S.?
Angelica Rice • May 20, 2022
Click here to read this article in Spanish
Many undocumented immigrants, or immigrants without status, wonder if they are able to get a United States driver’s license. Some states allow for this, while many states still do not, so whether or not you are able to get a driver's license without evidence of status depends on where you live. See below a brief guide to obtaining a non-immigrant driver’s license in the United States.
California is one of the few states that allows non-immigrants who are California residents, but who do not have status, to obtain a driver’s license. In California, this kind of license is called an AB-60 driver’s license. Under AB 60 (Chapter 524: Statutes of 2013), DMV issues a DL to applicants who are unable to provide proof of legal presence in the U.S., but can:
- Meet all other requirements to get a license.
- Provide satisfactory proof of identity and California residency.
Documents that a person applying for an AB-60 driver’s license must submit to the DMV include:
- Proof of identity, such as previously issued driver’s license or foreign passport OR two (2) of the following documents:
a. Foreign identification card and/or passport*;
b. School document that includes the person's date of birth;
c. Copies of any applications filed with USCIS or official USCIS Notices;
d. Federal Income tax return;
e. Marriage license and/or divorce decree
f. Birth certificate;
* Whether or not you can simply present your passport or need to present your passport and consular identification/national identification card, varies depending on what country you are from. For instance, Mexicans and Brazilians applying for an AB-60 driver’s license need to provide both their consular identification card and their passport in order to meet this requirement. As stated below, please consult the individual states DMV webpage to determine exactly what documents you will need and if there are any special requirements based on your country of citizenship.
For help with this, use this link: https://www.dmv.ca.gov/portal/assembly-bill-ab-60-wizard/
AND
- Proof of California Residency, which includes:
a. Lease agreement;
b. Deed or title to property;
c. Utility bills;
d. School documents;
e. Medical documents;
f. Employment documents;
g. Insurance documents;
h. IRS documents (i.e. Federal Income tax return);
i. Vehicle registration;
j. Bank statements.
See the California DMV webpage for additional details and a complete list of the documents needed to obtain this type of license, https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/
Not all states allow an undocumented immigrant or person in the United States without status, to obtain a driver’s license. Some of the states that DO allow people who do not have proof of legal presence in the United States to obtain driver’s licenses include California, Colorado, Illinois, Hawaii, Delaware, Washington, New Mexico, Connecticut, Maryland, Nevada, Vermont, and Washington D.C. Additionally, different states offer different types of driving privileges. Some states only offer a restricted license, some states offer short term licenses only good for one (1) year, and some states allow non-immigrants to have a license that can also be used as a form of ID. Which one is available to you, depends again on the state in which you live. Every state has different requirements for obtaining a driver’s license, please consult the individual DMV webpages of each state in order to determine what documents you need to obtain a non-immigrant driver’s license and/or determine if your state offers such a driver’s license.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
