The SAVE System – Driving Licenses and Proving Valid Status

Unknown to many, the SAVE system allows DMV agencies throughout the United States to verify valid status of driving license applicants (where this is required).   The SAVE system is run by DHS and allows states and agencies to confirm an individual’s status and eligibility to certain benefits.   It all works well most of the time; however, there are instances in which the SAVE system does not have correct records and information and, as a result, delays in the application process are inevitable.   This article explains the SAVE verification process.

What is SAVE?

The Systematic Alien Verification for Entitlements (SAVE) program is a service run by the Department of Homeland Security that helps federal, state and local benefit-issuing agencies, institutions, and licensing agencies determine the immigration status of benefit applicants so only those entitled to benefits receive them.    Specifically, it is used by Department of Motor Vehicles (DMV) agencies throughout the U.S. to verify an applicant’s valid status in the U.S.

SAVE In Action

When a non-immigrant applicant for a driving license appears at a participating state’s DMV and submits a driving license application, one of the documents and information being checked is the valid immigration status of the applicant.    Among other processing steps, the DMV clerk would input the applicant’s information into SAVE and SAVE would provide the government’s response with respect to status, validity and allow the DMV to make a determination whether or not the applicant is eligible for a driving license (or other benefit sought).

Please note that different states have different driving license eligibility requirements and not all states participate in SAVE – please check your state’s eligibility requirements and DMV rules.

SAVE Verification Problems

In most instances, nonimmigrants driving license applicants do not realize the existence of the SAVE system and that it may be a part of the DMV application process.   However, there are cases in which SAVE provides the DMV a response indicating that the applicant cannot be issued a driving license.  For example, SAVE may (correctly or incorrectly) indicate that the applicant’s status has expired.  These are the kind of situations which would require (often) a significant time and effort to correct the SAVE record and be able to obtain a driving license.

Correcting SAVE Records

There are three levels of dealing with SAVE with respect to information which may be inaccurate.

First Step. SAVE begins verifying the legal status of nonimmigrants, immigrants and naturalized citizens with an initial verification (generally 3-5 seconds).   This is the initial (and often transparent to the applicant stage).    In most cases, the SAVE confirms the eligibility and the applicant continues with the DMV application process.

Second Step.  SAVE returns a negative response.    Additional verification is necessary in some instances where status cannot be verified through the first step.  A second verification query will be automated but can take from as little as 3-5 working days to a few weeks to generate a response.   The second step confirmation process is often initiated by the DMV’s SAVE office (not all DMV locations have a SAVE office – you should check with your state’s DMV to confirm which DMVs have SAVE offices).   Also, different states have different procedures on invoking the second step – many states require the applicant to complete a form, which is then used in the SAVE clearance process.   The applicant should be provided a SAVE case number and the status can be tracked online.

Third Step.  A third query may be necessary where the verification is not confirmed through Steps 1 and 2.  The DMV submits Form G-845 Document Verification Request with copies of an applicant’s proof of status documentation and immigration documents to the SAVE program who then verifies the person’s status manually.    This may take two to six weeks in most cases and the case can still be checked online.

Unfortunately for some applicants, in the event SAVE does not return positive confirmation of their status, the correction process may vary from a few days to a few months.  This makes it advisable to apply for a driving license as early as possible to minimize the chance that the applicant may be without a valid driving license for a period of time.

Pending Extension of Status Documents

Our office hears often from clients or readers who are seeking to extend their driving license while they continue their employment (or stay) in the U.S. pursuant to a pending application and who face SAVE or DMV issues because their I-94 card has expired.

Under the immigration law at 8 C.F.R. § 274a.12(b)(19), a timely filing of an extension of status request allows certain non-immigrants (H-1B, E-1, E-2, L-1A, L-1B, O-1, P-1, R-1) persons to stay legally in the US and work for 240 days past the expiration of the original I-94 or until adjudication of the application, whichever happens first.  This is otherwise known as the “240 day rule.” A proper filing of the application and a pending status allows for continued lawful status/presence and authorization to work.

When the DMV refused to issue a driving license in this kind of extension situations, there are two common reasons.  The first one is a DMV clerk who is not aware of the applicable regulations and who does not realize that certain extension of status applications allow status and permission to work.   This may be a training issue at some DMVs and often this can be resolved by seeking to speak with a supervisor at the location.

In other cases, the SAVE system returns negative confirmation and in this case the applicant should work with the DMV and follow the steps outlined above to seek to correct the record and obtain SAVE clearance before a driving license can be issued.

Conclusion

While invisible to many, the use of the SAVE system throughout the driving license issuance process makes it an acronym some nonimmigrants learn very quickly.    Other than filing proper paperwork and ensuring that one always maintains valid status, unfortunately, there is not much a nonimmigrant (or their employer or attorney) can do throughout the immigration process to ensure that SAVE records are correct.

We are hopeful that this article would help those who may need to deal with their DMV or to those who are in a SAVE verification process to better understand the process and their rights.    We would love to hear SAVE stories from our clients and readers.   We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this article.      Also, please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.