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Driving License
Restrictions
DRIVING
IN THE UNITED STATES:
The Roadblocks
Foreign National Employees and Families have to Maneuver to Obtain Valid
Driver’s Licenses
In the wake
of the events of September 11, some states are changing policies governing
how non-U.S. citizens obtain driver’s licenses. Many of these changes have
had a significant impact on the lives of foreign national employees and
their families who are legally in the United States. These employees
and their families must be able to drive to function in most parts of the
United States -- to shop for groceries, take children to school, go to
doctor’s appointments and to go to work. Their inability to obtain driver’s
licenses frustrates employees and negatively impacts the success of international
assignments at some or America’s leading corporations. ACIP has been
following the changes in regulations on behalf of our members and we have
received more complaints on this issue in the last six months than on any
other immigration issue we track. Following are major areas of complaint.
Social Security
Number Requirements. Several states require applicants for driver’s
licenses to provide a Social Security number (SSN). The Social Security
Administration (SSA), however, no longer issues SSN's to those who do not
have employment authorization. This is a problem for the spouses
and driving-age children who accompany international employees to the United
States because, for the most part, they are not eligible for work authorization.
Some states, like New York, will accept a letter from the SSA stating that
the applicant is not eligible for a SSN, while others accept an Individual
Taxpayer ID Number (ITIN). Others, like Illinois and Alabama, do not provide
such accommodations. We are currently waiting for a letter of opinion
from the Illinois Attorney General’s office as to the possible acceptance
of an ITIN, or some new class of identification number, in lieu of social
security numbers.
Matching
Driver’s License/Visa Expiration.
Several states, like Florida, Arizona and New Jersey, have enacted policies
requiring that all driver’s licenses given to nonimmigrants have the same
expiration date as that person’s nonimmigrant visa. Other states, like
Massachusetts, have considered implementing such a policy. U.S. Representative
Jeff Flake (R-AZ) has also introduced federal legislation (H.R. 4043)
that would require all states to adopt this policy. The implementation
of such a policy poses several concerns for ACIP members and their employees.
Misunderstanding
of Immigration Documents. The question of when a “visa” expires is
far more complicated than originally contemplated. Several documents,
including a visa stamp, INS forms I-797 and I-94, and Employment Authorization
Document cards may be relevant to determining status. Even immigration
experts sometimes have difficulty determining status for certain classifications
of nonimmigrants. Motor vehicle department personnel are thereby given
the task of interpreting immigration law and policy. ACIP members have
reported situations in which foreign nationals were denied driver’s licenses,
asked for documentation that they do not have or need, given the wrong
type of license, or were treated unfairly due to misinterpretation of policy
on the part of motor vehicle office personnel. At a minimum, efforts
to implement this type of policy must come with intensive training.
Extensions
of Status. Due to backlogs at the Immigration and Naturalization Service
(INS), it is very likely that even an individual who applies in a timely
fashion for an extension of stay in the United States will not receive
approval of that extension until after the expiration of their I-94.
This means that although these individuals are legally allowed to remain
in the United States while they wait for this approval, they would be unable
to drive in the interim. Arizona will issue temporary driver’s licenses
in this situation if there is proof that extension of status has been applied
for, while Florida and New Jersey will not issue another license until
the actual approval notice is presented bearing the new expiration date.
With INS backlogs, this can take months.
Length of
Stay Requirements. A number of states, including New Jersey, New York
and Pennsylvania, will not grant driver’s licenses to nonimmigrants that
are authorized to stay in the United States for less than a year.
There are many reasons why an employee’s assignment may last for less than
a year, but these individuals need to drive nonetheless. There was
a case in New York State where a Chinese trainee in the United States on
a J-1 visa was only authorized to stay for 6 months because that was the
length of her training. This person lived in a part of the state
where there was no easy access to public transportation and she did not
have a Chinese driver’s license, which means that she did not have the
option of driving on a valid foreign license.
Strict Documentation
Requirements. Many states have streamlined the list of presentable
documents acceptable for driver’s licensing purposes. Unfortunately,
there are classes of visa holders who find that the documentation they
hold is not on their state’s list of acceptable identification for driving
purposes, even though that same documentation met the requirements for
U.S. entry. For example, spouses and dependents of foreign workers
in New York State find it very difficult to obtain a state driver’s license
because many pieces of acceptable documentation are given to those with
work authorization, and most of these individuals are not authorized to
work in the United States. In Virginia, some international employees
do not have the documentation listed as acceptable documentation.
It is necessary that states reexamine these requirements.
International
Driving Permits and Foreign Licenses Most states allow foreign nationals
to drive for a period of time by using either their valid foreign driver’s
license, or by using that same valid license along with an International
Driving Permit (IDP). The IDP translates foreign licenses into English
so American law enforcement officials are able to understand the terms
of that license. Though this is an alternative for some international
employees who have to drive but are ineligible for driver’s licenses in
the states in which they work, this raises problems for others.
- There is
also a question as to how long individual states allow foreign nationals
to drive using foreign license. Pennsylvania will not grant state
driver’s licenses to nonimmigrants authorized to stay in this country for
less than a year, so the state allows these individuals to use their foreign
licenses for up to a year. It would be helpful if all states had defined
guidelines on this, as it would be easier to advise those ineligible for
state licenses of their options.
- As mentioned
in the last example, there are international employees who are not licensed
to drive in their home country, but find it necessary to be able to drive
during their stay in the United States.
- Many American
insurance companies choose not to insure drivers who use foreign licenses,
or charge higher rates to those that they will insure.
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