FMCSA Tightens Rules for Non-Domiciled CDLs in Wake of Fatal Crashes

The Federal Motor Carrier Safety Administration (FMCSA) has issued an Interim Final Rule (IFR) to tighten the the rules governing the issuance of commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs) to individuals domiciled outside the United States. The rule, which takes effect immediately upon publication in the Federal Register, represents one of the most significant shifts in driver-credentialing policy in recent memory. FMCSA says the move is necessary to “restore integrity” to the CDL issuance process and to address a dangerous combination of overly broad eligibility criteria and widespread state-level implementation failures.

Key changes in the IFR

• Narrowed Eligibility: Only individuals lawfully present in the U.S. under certain employment-based nonimmigrant categories (H-2A agricultural workers, H-2B non-agricultural workers, and E-2 treaty investors) will be eligible for non-domiciled CLPs or CDLs.

• Proof of Status Required: Applicants must present an unexpired foreign passport and a valid Form I-94/I-94A at every issuance, renewal, transfer, or upgrade. Employment Authorization Documents (EADs) will no longer suffice as standalone proof.

• Mandatory SAVE Verification: SDLAs must verify immigration status through USCIS’s SAVE database and keep copies of application documents for at least two years for FMCSA review.

• Expiration & Renewal Limits: The CDL expiration date must match the applicant’s period of authorized stay or one year—whichever is sooner—and all renewals must be done in person.

• Downgrade Requirement: States must downgrade CDLs within 30 days if notified that a driver’s lawful status has lapsed or they otherwise become ineligible.

• Standardized Terminology: SDLAs must conspicuously mark all such credentials with “non-domiciled” to prevent confusion or misuse.

Details of the IFR

This rulemaking comes on the heels of FMCSA’s 2025 Annual Program Reviews (APRs) of State Driver’s Licensing Agencies (SDLAs), which uncovered systemic problems in the way many states issue non-domiciled CDLs. FMCSA reported finding computer programming errors, staff training deficiencies, and lax management controls that allowed SDLAs to issue CDLs to drivers who were not legally qualified. In California alone, FMCSA determined that roughly one in four non-domiciled CDLs reviewed were out of compliance with federal requirements. Other states, including Texas, Washington, and Pennsylvania, were also cited for significant violations.

According to the agency's notice, since January 2025, at least five fatal crashes involving non-domiciled CDL holders have claimed twelve lives—including two children—and injured more than a dozen others. One particularly tragic incident occurred on August 12, 2025, when a driver without lawful immigration status attempted an illegal U-turn on Florida’s Turnpike, causing a horrific crash that killed three people. Post-crash investigations revealed that the driver had been living in the U.S. unlawfully since 2018 and had been improperly issued a CDL in Washington before later receiving a non-domiciled CDL in California. Similar findings emerged from other fatal crashes in Alabama, Delaware, Texas, and West Virginia, many involving drivers whose work authorization would no longer qualify under the new rule.

Against this backdrop, FMCSA determined that waiting to conduct a traditional notice-and-comment rulemaking process would be “impracticable” and “contrary to the public interest.” The agency contends that public notice would likely trigger a rush of last-minute applications, potentially resulting in thousands of improperly issued CDLs in the months before new regulations could take effect—exacerbating the very safety risks FMCSA is trying to solve. By making the rule effective immediately, FMCSA hopes to shut down those opportunities before more unqualified drivers take to the road. The agency will accept comments to this IFR in docket no. FMCSA-2025-0622 for 60 days, but will implement the rule in the mean time.

Under the new rule, the pool of drivers eligible for non-domiciled CLPs and CDLs is narrowed considerably. Going forward, only individuals who are lawfully present in the United States under certain employment-based nonimmigrant visa categories—specifically H-2A agricultural workers, H-2B non-agricultural workers, and E-2 treaty investors—will be able to obtain these credentials. Applicants must present both an unexpired foreign passport and a valid Form I-94 or I-94A at every issuance, renewal, transfer, or upgrade. Employment Authorization Documents (EADs), which were previously sufficient proof of eligibility, will no longer be accepted on their own. FMCSA says this change will close a critical gap that has allowed individuals who entered the country unlawfully but later obtained work authorization to qualify for CDLs. Importantly, and as addressed in our prior article, these changes will not impact drivers holding valid Canadian or Mexican CDLs.

The rule also imposes new procedural safeguards for SDLAs. States must verify each applicant’s immigration status through USCIS’s SAVE database and retain copies of all supporting documents for at least two years so FMCSA can audit their compliance. CDL expiration dates must now align with the applicant’s authorized period of stay or one year—whichever is shorter—and all renewals must be conducted in person to prevent fraud. States are required to downgrade CDLs within thirty days if they learn that a driver’s lawful status has lapsed or that the driver otherwise no longer meets the eligibility criteria. To eliminate confusion, FMCSA is also mandating that the word “non-domiciled” be clearly and conspicuously displayed on the face of every credential, replacing a patchwork of state-specific terms like “limited term” or “temporary.”

These changes are expected to have a significant impact on fleets and drivers. FMCSA estimates that there are roughly 200,000 active non-domiciled CDL holders and another 20,000 with commercial learner’s permits. Some of these drivers will lose eligibility when their licenses come up for renewal and will be downgraded. Carriers employing foreign drivers—particularly in industries like agriculture that rely heavily on seasonal labor—should be prepared for possible workforce disruptions and take steps now to verify their drivers’ documentation and CDL types.

FMCSA has been careful to emphasize that this rule is not solely about highway safety but also about national security. Allowing unvetted individuals to obtain CDLs, according to the notice, raises the risk that commercial motor vehicles could be used to transport hazardous materials or carry out deliberate attacks on critical infrastructure. By tightening eligibility and strengthening state oversight, the agency believes it can substantially reduce both the risk of catastrophic crashes and the possibility of malicious misuse of CMVs.

Although the rule will soon be in force, FMCSA is still accepting public comments for sixty days following publication in docket no. FMCSA-2025-0622. Carriers, drivers, and state agencies are encouraged to weigh in at www.regulations.gov. FMCSA will consider this feedback and may make adjustments before finalizing the rule.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.