1. (a) An applicant for licensure or licensure renewal must submit official documentary evidence or information to establish authorization to be legally employed in the United States under federal law before the Board may issue or renew a license. The Board accepts the following identification documents:

   1. (1) an unexpired driver's license or state identification certificate that complies with REAL ID issued by a state or territory of the United States, unless the driver's license is marked "Limited Term" or "Temporary";
   2. (2) an unexpired driver's license or state identification certificate that does not comply with REAL ID 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;

   3. (3) a United States birth certificate accompanied by an unexpired driver's license or state identification certificate that does not comply with REAL ID, issued by a state not listed in paragraph (2) of this subsection;

      1. (A) For purposes of this section, birth certificate is defined as an original birth certificate issued by the appropriate vital statistics agency of a U.S. State, a U.S. territory, or the District of Columbia indicating birth in the U.S.; or
      2. (B) An original United States government-issued document indicating birth of a child born abroad to a United States Citizen, including a Consular Report of Birth or Department of State Certification of Birth issued to U.S. Citizens born abroad (FS-240, DS-1350, or FS-545);

   4. (4) a valid passport;

      1. (A) For purposes of this section, a valid passport is defined as an unexpired passport or passport card issued by the United States government; or
      2. (B) an unexpired passport issued by the government of another country accompanied by a current permanent resident card or unexpired immigrant visa issued by the United States Department of Homeland Security;
   5. (5) an unexpired license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H;
   6. (6) Permanent Resident Card that does not expire before the license sought expires;
   7. (7) US Certificate of Naturalization (N-550; N-570);
   8. (8) US Certificate of Citizenship (N-560; N-561); or
   9. (9) Form I-94 reflecting a departure date after the expiration of the license sought unless the Form I-94 reflects the bearer only has Parole status.

2. (b) Certification of Eligibility.

   1. (1) The Board may proceed with all aspects of the application review process, including administration of required examinations (such as the NCLEX or the Jurisprudence Exam), and making determinations of good professional character, pending receipt of the documentation required by subsection (a) of this section.
   2. (2) The Board may issue a written certification of eligibility or similar preliminary determination confirming that the applicant meets all licensure requirements, except for demonstrating legal authorization to be employed in the United States.
   3. (3) The final license or licensure renewal shall not be issued until the applicant submits information sufficient for the Board to verify that the applicant possesses the necessary documentation establishing legal right to work in the United States in accordance with federal law.

Source Note:The provisions of this §217.8 adopted to be effective June 3, 2026, 51 TexReg 3703.