State Policies on Undocumented Immigrants Receiving Professional Licenses

In the United States, certain professions require individuals to obtain state-issued licenses or certifications. To be eligible, applicants must meet specific state-level requirements related to education, experience, and examination. These requirements are set and enforced by state legislatures, regulatory agencies, and in some cases, courts.

While immigration status can be a barrier to licensure in some states, others have enacted laws to expand access for undocumented immigrants. Below is a summary of current state policies:

• Arkansas: HB 1552 (2019) permits DACA recipients who have completed all nursing requirements to apply for licensure in the state.

• California: SB 1159 (2014) allows any individual, regardless of immigration status, to obtain a professional license if they meet the applicable requirements. Applicants may use an ITIN in lieu of a Social Security Number.

• Florida: HB 775 (2014) permits certain undocumented immigrants, including DACA recipients, to be admitted to the state bar if they meet specific conditions (e.g., brought to the U.S. as a minor, over 10 years of residency, work authorization).

  • Update: SB 1718 (2023) repeals this provision, prohibiting undocumented individuals from being admitted to the Florida Bar after November 1, 2028. Those admitted before that date are not affected.

• Georgia: Requires proof of lawful presence (e.g., valid visa or green card) to obtain professional and occupational licenses.

• Illinois: SB0023 (2015) allows DACA recipients to apply for law licenses. SB 3109 (2018) bars denial of professional licenses solely based on immigration or citizenship status. ITINs are accepted in place of Social Security Numbers.

• Mississippi: HB 708 (2018) allows individuals with work authorization to apply for licensure as Licensed Professional Counselors, provided they meet all other requirements.

• Nebraska: LB 947 (2016) authorizes individuals with work authorization to obtain professional licenses.

• New York: Under 8 NYCRR 59.4, licensure is open to individuals regardless of citizenship or immigration status. However, this excludes undocumented immigrants who do not hold DACA, TPS, asylum, or U-/T-visas due to federal restrictions under 8 USC § 1621(d).

• Nevada: AB 275 (2019) removed citizenship requirements for licensure and prohibits denial based on immigration status. Applicants may use ITINs in place of SSNs.

• New Jersey: S2455 (2020) removed lawful presence as a requirement for professional or occupational licenses. Undocumented individuals are eligible if all other criteria—such as education and exams—are met.

• New Mexico: SB 137 (2020) confirms that any qualified individual is eligible for professional or occupational licensure, regardless of immigration or citizenship status.

• North Carolina: Requires documentation proving U.S. citizenship or lawful presence for all professional license applications.

• South Dakota: SB 3109 (2018) prohibits the denial of professional licenses based solely on immigration or citizenship status. ITINs are accepted for licensure applications.

• Utah: SB 131 (2015) allows occupational therapist licensure for applicants who pass Utah’s exam and were previously licensed in a foreign country, even if the country’s standards differ from Utah’s.

• Vermont: House Bill H.606 (2024) permits professional licenses to be granted to anyone who meets the requirements, regardless of immigration status.

• Washington: House Bill 1889 (2024) removes the requirement for legal immigration status when applying for professional licenses and permits the use of ITINs.

Please note that policies are subject to change, and it's advisable to consult the respective state's licensing boards or official government websites for the most current information.