Dive Brief:
- The federal government on Wednesday unveiled a final rule regarding nondomiciled commercial driver’s licenses and commercial learner’s permits, limiting the ways that states can issue and renew those driving credentials to noncitizens.
- In the final rule, the federal government again requires stricter standards for nondomiciled CDLs and CLPs, limiting eligibility to just a few categories of immigrant visas and detailing the documentation that states must use to verify immigration status.
- By issuing the final rule, the federal government seeks to move past an interim emergency rule from September, which was on pause amid a legal battle. Now, the final rule is slated to become effective in mid-March.
Dive Insight:
The Department of Transportation said the previous rules for issuing nondomiciled CDLs were contributing to unsafe roads, as complex documentation practices and lack of access to data meant states were not vetting drivers as thoroughly as possible.
“A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles,” Federal Motor Carrier Safety Administration Administrator Derek Barrs said in a statement released Wednesday. “If we cannot verify your safe driving history, you cannot hold a CDL in this country.”
The FMCSA said existing protocols have meant 17 crashes and 30 deaths in 2025 involved drivers with nondomiciled CDLs that would no longer be eligible for one under the new rules.
Like the interim rule, nondomiciled CDLs will be limited to individuals with an H-2A, H-2B or E-2 visas. Also, applicants will have to present an unexpired foreign passport and an approved Form I-94 corresponding to an eligible status.
“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,” the DOT said in an announcement.
Employment authorization documents — commonly known as work permits — will no longer be accepted for nondomiciled CDL applications, as reliance on those proved "administratively unworkable and resulted in widespread regulatory non-compliance," according to the federal register notice, set to be published Friday.
In its news release, the DOT said the “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.”
The final rule is mostly the same as the interim rule that was published last year, but some minor changes were made. Changes to the rule included clarifying that states cannot issue a nondomiciled CDL or commercial learner’s permit for longer than one year.
The rule does not pertain to commercial drivers licensed in Canada or Mexico, as the U.S. recognizes licensing standards from those countries in accordance with reciprocity agreements.
The interim rule drew over 8,000 comments, drawing opposition and support. Major trucking trade associations largely supported the proposal.
“Certain large carriers and their advocates have spent years pushing policies that expand access to cheaper labor, often at the expense of safety and professional standards,” Owner-Operator Independent Drivers Association President Todd Spencer said in a statement. “This rule is a course correction and will remove unqualified drivers from the road.”
Meanwhile, the American Trucking Associations previously said the measure “reflects a thoughtful effort to restore nationwide uniformity in CDL credentialing” and “represents an important step toward restoring uniformity and integrity in the issuance of CDLs.”
