What ID the law requires you to carry

If you are a noncitizen living, studying, or working in the United States, federal law makes certain identity documents your legal responsibility to carry at all times. Understanding what counts as proof of status—and how to protect the originals you cannot afford to replace—is essential for peace of mind and legal compliance.

The Federal Requirement for Noncitizens

Under 8 USC 1304, every noncitizen aged 18 and older must carry evidence of their registration status at all times. This is not optional: it is a federal requirement that applies to lawful permanent residents (green card holders), nonimmigrant visa holders (students, workers, temporary visitors), and others who remain in the United States for more than 30 days. Failure to carry proof can result in misdemeanor charges, fines up to $100, and possible imprisonment for up to 30 days.

The documents that count as acceptable proof of registration under federal regulations are specific. Your green card (Form I-551) or Employment Authorization Document (Form I-766, or EAD) by itself satisfies the requirement if it is valid and in your possession. If you do not have a green card or EAD, you must carry a combination of documents: a valid government-issued photo ID (such as a passport), your most recent Form I-94 arrival/departure record, and any status-specific documentation required by your visa category (such as a Form I-20 for F-1 students or Form I-797 for H-1B workers).

What Counts as Proof of Status

Green Card (Form I-551)

If you are a lawful permanent resident, your green card is the simplest and most complete proof of your status. It shows your A-Number, expiration date, work authorization, and legal right to remain in the U.S. Keep it with you at all times. The card alone satisfies your federal carrying requirement.

Employment Authorization Document (EAD, Form I-766)

An EAD proves you are legally authorized to work in the United States for a specific period. Like a green card, an EAD in your possession alone meets the federal requirement. Your EAD will display your A-Number (if assigned), an expiration date, and employment category. Asylees, refugees, some visa holders awaiting adjustment of status, and people in deferred action programs commonly carry EADs.

Form I-94 Arrival/Departure Record

When you enter the United States, U.S. Customs and Border Protection (CBP) issues you a Form I-94 electronically. This document records your port of entry, visa category, and the date through which you are lawfully admitted. You do not automatically receive a physical I-94 card—instead, you must retrieve it online from the CBP website or have it printed. Because your I-94 is issued for each entry, you must obtain and verify a new I-94 after every trip outside the U.S. The I-94 is a critical piece of your identity documentation if you are a nonimmigrant (visa holder) without a green card or EAD.

Status-Specific Documents

Depending on your visa category, you may need to carry additional documents alongside your I-94 and photo ID. F-1 students must carry a signed Form I-20. J-1 exchange visitors must carry a signed Form DS-2019. H-1B workers must carry Form I-797 (approval notice). Check with your immigration attorney or school/employer to confirm exactly which documents apply to your status.

A State ID or Driver License for Daily Life

Carrying your immigration documents fulfills a federal legal requirement, but you will also need a state-issued ID or driver license for everyday life in the United States. State requirements vary significantly, but most require you to present proof of identity, proof of residency (such as a utility bill or lease), and proof of legal status or Social Security eligibility. Rules for noncitizens differ by state; some states accept only SSN (Social Security Number), some accept ITIN (Individual Taxpayer Identification Number) instead, and some require both. Before applying, contact your state DMV to confirm its specific requirements for noncitizens.

A state ID serves as everyday photo ID for age verification, shopping, banking, and other routine transactions. A driver license allows you to legally drive and also functions as photo ID. In many cases, getting a state ID is more practical for day-to-day use than carrying your passport or I-94, though both should remain with you as backup. If you are driving, federal and state law require you to have a valid driver license, vehicle registration, and proof of insurance in your possession while operating a vehicle.

Protecting Your Original Documents

Your green card and EAD are nearly impossible to replace quickly, and the cost is significant. Instead of carrying fragile or irreplaceable originals everywhere, create certified copies and photo copies to carry with you. USCIS allows you to obtain certified copies of your green card by filing Form I-90 (if you are replacing or renewing it) or by requesting a certified copy directly; costs and processing times vary. Keep your original green card and original EAD in a secure place at home—a safe, safety deposit box, or locked drawer. Carry certified copies in your wallet or bag.

Additionally, photograph your immigration documents using your phone or camera. Store digital copies in a secure cloud service or email account you can access from anywhere. If your documents are lost or damaged, having photos will help you remember the document numbers and details you need to file replacement applications. Do the same for your passport, I-94, I-20, and any other status-specific documents.

What Happens If You Lose Your Green Card or EAD

Losing a green card or EAD is stressful and costly. To replace a lost, stolen, or damaged green card, you must file Form I-90 (Application to Replace Permanent Resident Card) and pay a filing fee of $455, plus a biometric services fee of $85, for a total of $540. Processing typically takes 7 to 12 months, though USCIS wait times can be longer. You cannot expedite a green card replacement application.

To replace a lost or stolen EAD, you file Form I-765 and pay the filing fee, which varies but is typically around $470. Processing takes 60 to 90 days; expedited service is not available. Like green card replacement, EAD replacement cannot be rushed. While your application is pending, you may be able to continue working if you still have your original approval notice—check with your employer and USCIS.

If your green card is still valid when you file Form I-90, USCIS will send you a receipt notice that you can use with your expired green card as temporary proof of status while awaiting your new card. This temporary evidence is valid for the duration of the processing period. Plan ahead: if your card is expiring within six months, start the renewal process early to avoid a gap in valid documentation.

Practical Tips for Carrying Your Documents

• Carry certified copies of your green card or EAD rather than originals; store originals in a secure place at home.
• Keep a high-quality photo or scan of every immigration document in a secure cloud service or email account for emergency access.
• If you do not have a green card or EAD, carry your valid government-issued photo ID (passport or state ID), your most recent Form I-94, and any status-specific documents required by your visa.
• Obtain a current state-issued ID or driver license for daily transactions; it is more practical than relying solely on a passport.
• Check your I-94 online after every trip to the U.S. to ensure the entry is recorded correctly and dates are accurate.
• Keep your USCIS account active and current with your correct address; this is how USCIS will contact you about renewals, replacements, and changes to your status.
• If documents are stolen, file a police report; if they are lost abroad, contact your nearest U.S. embassy or consulate immediately.

Key Takeaways

• Federal law requires noncitizens aged 18+ to carry proof of status (green card, EAD, or a combination of I-94, photo ID, and status-specific documents) at all times.
• Valid green cards and EADs alone satisfy this requirement.
• Carry certified copies and photos of originals; keep originals secure at home.
• Obtain a state-issued ID or driver license; requirements vary by state.
• Report any change of address to USCIS within 10 days by filing Form AR-11.
• Replacement green cards and EADs take months and are costly; prepare early before expiration.
• State laws on driver licenses, residency requirements, and ID eligibility for noncitizens vary; always check your state DMV website for current rules.