On September 29, the Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule titled Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses. The rule limits access to Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs) for individuals who are not permanently residing in the United States. Under the new rule, applicants must present a valid foreign passport along with immigration documentation tied to a qualifying temporary work visa, such as H-2A or H-2B. Employment Authorization Documents (EADs) alone will no longer be accepted. As a result, individuals who rely solely on an EAD, such as DACA recipients, asylum seekers, or others without a qualifying visa status, will no longer be eligible for a non-domiciled CDL, even if they are legally authorized to work in the United States.
State licensing agencies are required to verify immigration status using the federal Systematic Alien Verification for Entitlements (SAVE) system and must retain supporting documentation for a minimum of two years. The rule also mandates that non-domiciled CDLs expire upon the end of the applicant’s authorized stay and requires all renewals or changes to be made in person. FMCSA has directed states to pause issuance of non-domiciled CDLs and CLPs until they have updated their procedures to comply with the new requirements.
This rule follows an executive order issued by President Trump in April, which instructed the U.S. Department of Transportation to pursue additional actions to reaffirm the federal requirement for English language proficiency. Since then, both the Commercial Vehicle Safety Alliance and the state of Arkansas have incorporated English proficiency checks into their enforcement policies.
For additional information, please contact Jonathon Porter.