The Federal Motor Carrier Safety Administration (FMCSA) has issued an emergency interim rule that immediately tightens eligibility for non-domiciled commercial driver’s licenses (CDLs).
Key changes:
– Only drivers on H-2A (agriculture), H-2B (non-agriculture), or E-2 (treaty investor) visas will now qualify.
– Employment Authorization Documents no longer qualify for CDL eligibility.
– States must verify applicants through DHS systems, enforce annual in-person renewals, and clearly mark licenses as “non-domiciled.”
– About 200,000 drivers could be affected, with only ~6,000 new applicants expected to qualify annually.
This change comes after compliance failures in multiple states and five fatal crashes in 2025 involving non-domiciled CDL holders. FMCSA stated the move was necessary to protect public safety and prevent improperly licensed drivers from operating commercial vehicles.
While this will reduce the number of eligible drivers, FMCSA expects the freight industry to adapt during the two-year phase-out period – similar to how trucking responded during the COVID-19 supply chain crunch.
The rule is effective immediately and includes a 60-day comment period for industry feedback.
