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In a very welcome development, the California Department of Motor Vehicles ("DMV") has indicated that nonimmigrant aliens who hold California driver's licenses issued on the basis of an I-94 Arrival/Departure Record may now extend their licenses for a further four years, without regard to the fact that their I-94 forms are due to expire before the end of this four-year period. Previously, the DMV had allowed such nonimmigrants to extend their driver's licenses only up to the expiration date of their I-94 forms.

The DMV's new position was announced in the course of a recent meeting with the Japanese Chamber of Commerce of Northern California by Mr. William Cather, the DMV's Assistant Director of Legislation. Mr. Cather also indicated that this policy has not been yet announced officially throughout the DMV's offices in California, but that a memorandum describing the new policy would shortly be distributed to each office.

Mr. Cather advises that any nonimmigrant renewing his or her driver's license who encounters a DMV field officer unfamiliar with this change and unwilling to extend the license for four years should provide the officer with Mr. Cather's direct number at (916) 445-9492.

The DMV's new policy will be especially helpful to Adjustment of Status applicants who were previously in "E" nonimmigrant status and who cannot therefore maintain their nonimmigrant status after the filing of the Adjustment of Status application. In the past, such individuals were able to apply for, or extend, their driver's licenses only for one year on the basis of an Employment Authorization Document.

Please note that this new policy affects only holders of California driver's licenses.