As we reported, driver's holding foreign licenses are now permitted to hold onto their home country licenses when obtaining a Georgia state license. The Georgia Department of Driver's Services website has now been updated to reflect this change.

EM

Great news for transferees in Georgia: as of January 1, 2009 per Georgia State Bill 488, foreign nationals can keep their home country driver's license when applying for a Georgia driver's license. They are still required to apply for the state license when they meet the requirements, however, in the past they were required to surrender their home country license. The bill further states that while driving with a foreign license, the foreign national must have in their posession a valid international driver's permit.

As of this post, the Georgia Department of Driver Services website had not yet been updated to reflect these changes.

EM

Back in 2005 we stressed the importance of making sure the transferee's name on the I-94 card matches exactly with the name on the passport and visa.  This still holds true, and now for a new reason; some states (e.g. New York) will not accept a driver's license application unless the name on the I-94, Social Security card, passport and visa all match.

In the event an error has been made on the I-94, the transferee can make an appointment with a Custom and Border Patrol's Deferred Inspection Office to "fix" the name on the I-94 (and then apply for a replacement Social Security card if necessary).

If the transferee has not yet applied for the SSN, the best preventative course of action is to make sure the Social Security Administration's clerk uses the name as it appears on the passport - which is the primary proof of identity.

More details on SSA policy can be found here (A1) and here (2B).

EG

As reported back in January, Department of Homeland Security (DHS) issued their "final" rule regarding the REAL ID Act of 2005. The initial deadline for states to implement the required standards was May 11, 2008 - though the ruling did allow for states to apply for an extension. Earlier this month all 50 states received an extension and the new deadline is now December 31, 2009.  States may receive a second extension until May 11, 2011 if they meet certain DHS "benchmarks" by the December 31 deadline.

EG

In an effort to comply with the new Federal REAL ID regulations (see our most recent post on Michigan), Florida has changed their policy for Canadian citizens and non-immigrants applying for driver's licenses.

Their licenses will be marked as "temporary" and will be valid for one year or until the expiration of their USCIS documents, whichever comes first.

More information can be found here.

EG

The State of Michigan hasn't quite figured out its non-immigrant driver's license mess, though the signing of a new bill by the Governor is a step in the right direction.  State officials are still working out the details on the new rule before they can start processing licenses for non-immigrants again.

According to this Op-Ed, it turns out that political infighting among top ranking state Republicans caused the problems in the first place.

RH

From the field:

Per our post yesterday, new Michigan rules make it impossible for non-immigrants (e.g. assignees on an H-1B or L-1 visa) to obtain a state driver's license.  Allstate Insurance confirmed our fear that they will charge their highest car insurance rates to those without a state license.

RH

As reported in the Star Tribune, new federal regulations taking effect today require Canadians to show a passport or driver's license and birth certificate when crossing the border.  (That means that, until yesterday, a "verbal statement" was all that was required to enter the country.

Senators from different border states - those that depend on cross-border commerce - expressed their concerns that this would lead to longer wait times.

RH

Earlier this month, the Department of Homeland Security (DHS) published the Final Rule of the Real ID Act which was initially created in 2005. This Final Rule comes after DHS reviewed over 21,000 comments in response to the draft regulations posted in March 2007.

The Rule provides the minimum Federal standards for state-issued driver's licenses and ID cards that the government would accept for official purposes (e.g. as an ID when boarding an airplane).  Though presented as the Final Rule, there seems to be plenty of fudging on the timeline for implementation (not to mention that if some U.S. Senators had their way, the whole Act would be repealed).

Pertinent to international assignees, the Rule states that those who are in the U.S. for a limited time will be issued a driver's license valid for the duration of their authorized stay (i.e. per their visa).  If no specific period is stated the license will be valid for one year.  Assignees will also be required to renew their licenses in person at the DMV, rather than online. 

Expect long lines!

EG

Under the banner of promoting border and document security, the State of Michigan now requires driver's license applicants to be "in the country legally and permanently".  The latter part of that requirement pretty much means legal international assignees with non-immigrant status (i.e. most assignees) cannot obtain a MI license.

We are not sure yet how this is making Michigan more secure*, but we do know the following:

• life in MI just got a little more complex for international assignees (try getting a good deal on car insurance without a state license...)
• non-immigrants can still drive in MI, as long as they have a valid home country license supported by an IDP (unless of course you are Chinese, because then you can't get an IDP...)
• the state House of Representatives is debating new language on this requirement

*What is more secure: Issuing verifiable and recognizable state driver's licenses to all legal immigrants?  Or, allowing just non-immigrants to drive around on home country licenses that come in as many different formats and languages as there are car dealers in Detroit?

RH