As an employer, it’s important to support your foreign national employees, especially when it comes to navigating the complexities of various U.S. laws. One such process is obtaining a state driver’s license, as the requirements can differ significantly from state to state.

Key Considerations for Employers

1. Duration of Stay: The length of the foreign national’s stay in the United States is a critical factor. If they are in the United States for a short-term assignment or as a business visitor, they will not need a state driver’s license. However, if their stay extends beyond a few months (such as on a work visa), it’s generally advisable to obtain a state driver’s license.
2. State-Specific Regulations: Each state has its own set of rules regarding driver’s licenses for foreign nationals. Employers should familiarize themselves with the regulations in the state where their employees will be residing. This information can typically be found on the state’s Department of Motor Vehicles (DMV) website.
3. International Driving Permit (IDP): For short-term stays, an IDP can be a valuable document. It translates the foreign driver’s license into English and is recognized in many states. However, an IDP is not a substitute for a state driver’s license if the foreign national becomes a resident or stays for a longer period.

Steps to Obtain a State Driver’s License

Give your foreign national employees who have been transferred from abroad some guidance.

1. Research State Requirements: Encourage them to visit the DMV website of the state where they will be residing for information specific to non-U.S. citizens and the required documentation. How long a foreign national can drive with just a valid foreign license varies, and some states may have reciprocity agreements with foreign countries.
2. Gather Necessary Documents: Typically, foreign nationals will need to provide proof of identity, residency, and legal presence in the United States. This may include their passport, visa, I-94 form, and proof of address (such as utility bills).
3. Schedule an Appointment: Many states require appointments for driver’s license applications. It’s advisable to schedule this as soon as possible to avoid delays.
4. Pass Required Tests: Foreign nationals may need to pass a written knowledge test, a vision test, and a road test. Some states may waive certain tests if the applicant holds a valid driver’s license from their home country.
5. Pay Fees: These fees can vary by state. Consider whether your policies regarding foreign workers, especially those transferred from abroad, include paying driver’s license fees.

Examples of Various Timetables

1. New York: Foreign nationals residing in New York must obtain a state driver’s license within 30 days of establishing residency, that is living in New York with the intent of making it your fixed or permanent abode. Someone who maintains an abode in New York for at least 90 days is presumed to have established residence.
2. Florida: Florida allows foreign nationals to use their valid foreign driver’s license for up to 30 days after establishing residency.
3. Illinois: Illinois allows foreign nationals to use their valid foreign driver’s license for up to 90 days or 30 days after establishing residence.
4. Massachusetts: Foreign nationals must obtain a Massachusetts license once they establish residency but may otherwise use a valid foreign license for up to one year.