FMCSA New Rule Cracks Down on Non-Citizen Commercial Driver’s Licenses, Creating Carrier Burdens

Takeaways

• Replacing a contested interim rule, the Federal Motor Carrier Safety Administration finalized a rule effective 03.16.26 that could sharply limit non‑domiciled CDLs to drivers holding H‑2A, H‑2B, or E‑2 visas.
• Employment authorization documents alone no longer qualify, and states must verify immigration status through the SAVE system.
• Existing non‑domiciled drivers may continue driving until their current CDL expires, but carriers should expect a gradual workforce reduction and increased compliance obligations.

Related links

• 91 Fed. Reg. 7044: Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL)
• Trump’s Transportation Secretary Sean P. Duffy Puts Safety First, Finalizes Rule to Stop Unqualified Foreign Drivers from Driving Big Rigs on American Roadways (press release)

Article

The Federal Motor Carrier Safety Administration (FMCSA) issued a new Final Rule that fundamentally changes the eligibility criteria for non-domiciled individuals seeking Commercial Learner’s Permits (CLPs) and Commercial Driver’s Licenses (CDLs) in the United States.

The Final Rule, released on Feb. 13, 2026, largely implements key features of the Interim Final Rule (IFR) issued in September 2025. That IFR was and continues to be subject to legal challenges and faced stiff pushback during the IFR public comment period. Enforcement of the IFR has been stayed in litigation pending in the U.S. Court of Appeals for the D.C. Circuit, and the Final Rule replaces the IFR. Neither the litigation nor comments from stakeholders significantly changed the Final Rule, however. On Feb. 12, 2026, the same group of plaintiffs challenging the IFR filed a new lawsuit in the D.C. Circuit challenging the Final Rule.

The effective date of the Final Rule is March 16, 2026, unless the D.C. Circuit enjoins enforcement of the Final Rule.

Companies that employ drivers who hold non-domiciled CDLs should watch for developments in the new court action.

Key Provisions of the Final Rule

1.  Eligibility strictly limited to certain employment-based visa holders

Only individuals holding H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), or E-2 (treaty investors) nonimmigrant status are eligible for issuance, renewal, transfer, or upgrade of a non-domiciled CLPs or CDLs. FMCSA is presenting the vetting processes involved in obtaining these statuses as comparable to domestic CDL background checks. Drivers with a current, valid license and valid work authorization can continue to operate a commercial motor vehicle until the expiration of their current license.

2.  Elimination of EADs as proof of eligibility

Employment authorization documents (EADs) alone are no longer accepted as sufficient proof of eligibility for a non-domiciled CDL. This change affects CDL eligibility only and does not alter underlying federal employment authorization.

3.  Mandatory SAVE system verification

State Driver’s Licensing Agencies (SDLAs) must verify every applicant’s lawful immigration status using the Systematic Alien Verification for Entitlements (SAVE) system before issuing, renewing, or upgrading a non-domiciled CLP or CDL.

4.  Document requirements, validity period

Applicants must present an unexpired foreign passport and a specific Form I-94/94A with an unexpired “Admit Until Date” indicating H-2A, H-2B, or E-2 status. The validity of the non-domiciled CLP or CDL cannot extend beyond the expiration of the applicant’s authorized stay on Form I-94. Issuance, transfers, renewals, or upgrades must be done in person, and all supporting documents must be retained by the SDLA for at least two years.

5.  Mandatory downgrade, revocation

If an SDLA receives information from FMCSA, the Department of Homeland Security, the Department of State, or another federal agency with jurisdiction that an individual’s immigration status has changed or eligibility lapsed, the SDLA must downgrade or revoke the non-domiciled CLP or CDL within 30 days.

FMCSA Basis for Rulemaking

In its press release announcing the Final Fule, FMCSA explains the change is a direct response to what it identified as a “critical safety gap” in the commercial licensing system. The agency found that SDLAs could not adequately verify the driving history of foreign-domiciled applicants because U.S. databases do not capture foreign driving records. FMCSA identified this lack of driving records as inconsistent with domestic background checks.

It stated:

These reforms will address safety concerns by preventing foreign drivers who have not been subject to consular and interagency screening from receiving a commercial driver’s license (CDL). While U.S. drivers are subject to strict checks through national databases for past violations—such as DUIs, reckless driving, or crash involvement—states lack the ability to access the driving records of foreigners and illegal immigrants. This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document (EAD), which does not screen for transportation safety.

FMCSA cited 17 fatal crashes in 2025, resulting in 30 deaths, involving non-domiciled CDL holders who would be ineligible under the new rule. The agency acknowledged these accidents represent a small fraction of total crashes. It relied on these incidents, it explained, to highlight the potential consequences of non-domiciled drivers operating commercial vehicles.

Legal, Administrative Context

The Final Rule was initially issued as an IFR under a “good cause” exemption, bypassing standard notice-and-comment procedures due to what FMCSA described as imminent safety risks. However, the IFR faced immediate legal challenges from unions, advocacy groups, and local governments who argued that it was arbitrary, lacked sufficient safety data, and failed to follow required procedures. The D.C. Circuit stayed the IFR. Meanwhile, FMCSA proceeded to accept public comments and finalized the rule with only minor clarifications.

Implications for Carriers Employing Non-Domiciled Drivers

Workforce Impact

The immediate effect is that only non-domiciled drivers with H-2A, H-2B, or E-2 status will be eligible for new or renewed CDLs. All other non-domiciled drivers — including those with EADs under Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status, humanitarian paroles, asylum seekers, refugees, and holders of any other visa categories — will not be eligible for renewal once their current license expires.

Drivers with current valid work status and current CDLs will continue to be able to operate until the expiration of their current license.

FMCSA estimates that the reduction in non-domiciled CDL holders (potentially up to 194,000 drivers) will occur gradually, over the next five years, as most existing licenses have multi-year validity. This attrition period is intended to mitigate sudden workforce disruptions, FMCSA said, but carriers should plan for ongoing reductions in eligible non-domiciled drivers.

Compliance, Documentation

Employers should ensure that all non-domiciled drivers have one of the covered employment-based visa statuses and corresponding documentation. SDLAs will require in-person renewals, and all supporting documents must be current and verifiable through SAVE.

Drivers and carriers should anticipate increased administrative burdens, as SDLAs will be stricter in document verification and record retention.

Carriers relying on non-domiciled drivers outside the permitted visa categories may want to consider adjusting recruitment and retention strategies to focus on drivers with eligible immigration status under the Final Rule (H-2A, H-2B, E-2). Drivers with previously accepted work authorization are unlikely to be able to quickly qualify for any of the eligible visa programs without employer sponsorship.

As explained by the FMCSA, this Final Rule is part of a broader FMCSA focus on roadway safety. This includes English language proficiency enforcement and licensing oversight. Carriers should expect closer scrutiny of driver credentials and fewer “gray areas” in eligibility.

Legal, Policy Uncertainty

While the rule is now final, and takes effect on March 16, 2026, the new lawsuit in the D.C. Circuit could end up impacting enforcement of the Final Rule. Additionally, policy changes are possible, especially if there are significant workforce disruptions or political shifts. Carriers should monitor developments and be prepared for potential adjustments.

* * *

FMCSA’s Final Rule on non-domiciled CDL eligibility represents a major tightening of standards, with the stated goal of closing safety gaps and restoring integrity to the commercial licensing system.

For trucking carriers, the Final Rule means a smaller pool of eligible non-domiciled drivers, increased compliance obligations, and the need for proactive workforce planning. The impact could be gradual, but the direction is clear: Only drivers with specific, federally vetted employment-based visas will be eligible for non-domiciled CDLs, and individuals outside those categories will not be eligible for renewal once their licenses expire.

The attorneys in the Jackson Lewis Transportation and Logistics Group and Immigration Group are available to assist carriers in navigating the new, more restrictive requirements and review the applicable visa eligibility criteria.