Verification of Lawful Presence

Submit Verification

Federal law (8 U.S.C. § 1621) provides that a person who is NOT a U.S. citizen or national is not eligible for a professional or commercial license issued by a state, unless the person is:

• A qualified alien (as defined in 8 USC § 1641);
• A nonimmigrant under the Immigration and Nationality Act (as defined in 8 U.S.C. § 1101(a)(15)); or
• An alien paroled into the United States for less than a year pursuant to 8 U.S.C.
  1182(d)(5).

Applicants who do not have an SSN, are adding an SSN, or are correcting an SSN, must do the following:

• Complete the form “Social Security Number Status Certification” and
• Provide documentation verifying their eligibility by providing acceptable documents listed below.

All documents should be submitted as a clear, legible copy or image, including by electronic upload or scanned submission. Please do not mail or send original documents to TDLR, as they will not be returned. All documents must be unexpired unless otherwise noted. The department may request additional documentation if needed to complete verification.

Option A – Upload ONE document listed below and the “Social Security Number Status Certification”

• REAL ID–compliant driver’s license or state identification card (Must not be marked “limited term” or “temporary”)
• U.S. passport or U.S. passport card (may be expired)
• U.S. military identification card
• Handgun license issued by the Texas Department of Public Safety
• Identification or immigration-related document issued by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, or the U.S. Department of State confirming lawful presence and authorization to work, such as:
  • Permanent Resident Card (Form I-551)
  • Certificate of Naturalization (Forms N-550 or N-570)
  • Certificate of Citizenship (Forms N-560 or N-561)
  • Foreign passport with a valid I-551 (ADIT) stamp (may be expired; stamp must be valid)
  • Immigrant visa (MRIV) with I-551 endorsement (within one year of admission)
  • Form I-94 showing lawful admission or parole and an unexpired authorized stay. If your Form I-94 shows “D/S” in the “Admit Until Date” field, you must also submit your Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) that shows an unexpired program end date.
  • Form I-797 Notice of Action granting permanent resident status, or approving or granting immigration status, parole, or asylum, or showing a pending or prima facie determination where applicable
  • Refugee Travel Document (Form I-571)
  • Employment Authorization Document (Form I-766), reflecting authorized status (including Category C31)
  • Form I-512L (Authorization for Parole)

Option B – Upload BOTH documents listed below and the “Social Security Number Status Certification”

If you do not have one of the documents listed in Option A, submit BOTH of the following:

• A driver’s license or state identification card issued by one of the following states:
  Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, or Wyoming

AND

• A birth certificate issued by a U.S. state, U.S. territory, or the District of Columbia; OR

• A U.S. government document showing birth abroad to a U.S. citizen, such as:
  • Consular Report of Birth Abroad (Form FS-240)
  • Certification of Report of Birth (Form DS-1350)
  • Certificate of Birth Abroad (Form FS-545)

Lawful Presence Verification FAQ

TDLR implemented a lawful presence verification process for license applications and renewals, consistent with federal law. The process applies to license applications and renewals and may require additional information from some applicants.

Not everyone will be asked to provide additional documentation, and no action is needed unless TDLR contacts you with instructions.

The FAQ below addresses common questions about the process and what applicants and license holders can expect.

Do I have to be a U.S. Citizen to obtain a license from TDLR?

No. U.S. citizenship is not required to obtain a license from TDLR.

Federal law allows certain individuals who are lawfully presence in the United States to receive professional and occupational licenses. If additional documentation is needed to verify eligibility, TDLR will contact the applicant with instructions.

Why is TDLR asking for my Social Security number?

TDLR asks for a Social Security number as part of the application and renewal process to help verify identity and eligibility for licensure under federal law. Social Security numbers are also required under certain child support enforcement laws.

I don’t have a Social Security Number. Can I still apply for or renew a license?

Individuals who do not have a Social Security number will be asked to complete the Social Security Number Status Verification form and provide proof of lawful presence from a list of acceptable documents posted on TDLR’s website.

The department may request additional documentation if needed to complete verification before a license application or renewal is approved.

I am applying for a student license or permit. Does this process apply to me?

Yes. Lawful presence requirements also apply to student licenses issued by TDLR.

Do I need to provide lawful presence documents with my application?

Only submit lawful presence documents if TDLR specifically requests them.

Can I submit documents before TDLR ask for them?

Please do not submit lawful presence documents unless specifically requested by TDLR.

Why was I asked for documents when someone else was not?

Not every applicant or licensee will be asked to provide additional documentation. The process may vary depending on the information available during the application or renewal process.

How do I submit documents to TDLR?

Documents should be submitted according to the instructions in the Request for Information sent by TDLR. Documents may be submitted electronically or by mail.

Only copies or electronic copies of the documents should be submitted. Do not mail or bring original documents to TDLR. Original documents will not be accepted and will not be returned.

What documents will TDLR accept?

TDLR maintains a list of acceptable lawful presence documents on its website. If TDLR requests additional information, only documents from that list should be submitted.

Only copies or electronic copies will be accepted. Do not send or bring original documents to TDLR. Original documents will not be accepted and will not be returned.

How long do I have to submit documents if requested?

There is no separate deadline for submitting requested documents.

For new license applications, the application will remain open for up to one year, after which it will expire.

For license renewals, if requested documents are not received, the license will expire on its existing expiration date. Expired licenses will be eligible for late renewal if documentation is provided after the license expires.

What happens after I submit my documents?

TDLR will review the information provided to determine whether additional information is needed and whether the application or renewal can continue processing.

What happens if I do not submit documents requested by TDLR?

If TDLR requests documentation of lawful presence and they are not submitted, TDLR may be unable to complete the processing of the application or renewal.

For new license applications, the application will expire after one year if the requested documents are not received.

For renewals, the license will expire on the existing expiration date if the requested documents are not received.

What happens if I miss the notice from TDLR?

If you do not respond to a Request for Information from TDLR, processing of your application or renewal may be delayed. If the requested documentation is not provided, the application or license may ultimately expire as described above.

To avoid delays, make sure your contact information is up to date and monitor your email for communications from TDLR.

Is TDLR checking immigration status?

TDLR is verifying eligibility for licensure based on lawful presence requirements under federal law. TDLR is not making independent immigration status determinations.

Why is TDLR verifying lawful presence?

TDLR implemented a standardized process for lawful presence verification under existing federal law. The process also helps protect the integrity of the licensing system, identify fraud, and combat human trafficking.