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Lawful Presence Documentation Requirements

Board Rule 217.8 requires applicants for nursing licensure or licensure renewal to provide documentation supporting identity and lawful presence eligibility consistent with applicable federal and state requirements.

During the application process, you will upload supporting documentation when prompted. Please note that additional documentation may be requested depending on an applicant’s individual circumstances.

Applicants should ensure uploaded documents are unexpired, legible, and reflect the applicant’s legal name. The Board will review submitted documentation as part of the application or renewal process.

Please see the following Guidance on Acceptable Documents for Lawful Presence

 

FAQs

  • Why am I being asked to upload identification documents?

    • Applicants for nursing licensure and licensure renewal are required to provide documentation supporting identity and lawful presence eligibility consistent with applicable federal and state requirements.

  • How will this affect my application for licensure/renewal?

    • For most applicants, the process is expected to be simple and may only require uploading a current government-issued photo ID.

  • How do I know if my ID is REAL ID compliant?

    • REAL ID-compliant cards generally display a star marking near the top of the card. Applicants should review their identification before submitting an application for licensure or renewal.

    Here is an example of a REAL ID-compliant Texas DL:

  • What if my driver’s license is not REAL ID complaint?

    • Additional documentation may be requested depending on an applicant’s individual circumstances. Please see the Guidance on Acceptable Documents for Lawful Presence for alternative documents accepted by the BON.

  • What if my legal name has changed?

    • You should ensure your nursing license and submitted documents reflect your current legal name. Additional supporting documentation may be requested if names do not match application records. For information on updating your name on your nursing license, please see the FAQ on Name and Address Changes.

  • What if I do not have any of the approved documents?

    • If you are unable to provide the documentation required from the BON's list of acceptable documents, you may select option 10 on the document upload stating that you do not have documentation at this time. You will be ineligible to receive or renew a Texas nursing license until such proof is provided. However, your application will remain pending for up to one year from date of receipt. If acceptable documentation confirming lawful presence is not received prior to that date, your application will expire and you will be required to resubmit an application and fee if you seek Texas licensure in the future.

  • What if I am a foreign-based applicant not in the U.S. and attempting to comply with federal immigration processes?

    • If you are a non-U.S. citizen and plan to immigrate to the United States, you are still eligible to submit an application. While a license cannot be issued or renewed until proof of lawful presence is received, an application may still undergo the normal review process, which may include administration of required examinations such as the NCLEX or Nursing Jurisprudence Exam, and determinations of good professional character. If you meet all licensure requirements except the lawful presence requirement, you may request a written certification of eligibility. You will need to submit a written request through your Texas Nurse Portal Message Center asking for this letter. If eligible, the Board may issue a preliminary determination that all licensure requirements except for confirmation of lawful presence have been met.