FMCSA: Vetting Key to Non-Domiciled CDL Rule

Federal regulators are defending a rule that significantly narrows eligibility for non-domiciled commercial driver’s licenses, a change the Federal Motor Carrier Safety Administration estimates could affect roughly 200,000 CDL holders. In a filing with the D.C. Circuit, FMCSA said the rule is intended to strengthen identity, immigration-status and driving-record verification—not to assert that non-domiciled CDL holders are inherently less safe.

Rule limits eligible visa categories

The final rule, announced by Transportation Secretary Sean Duffy in February 2026, took effect March 16. It primarily limits non-domiciled CDL eligibility to foreign-domiciled applicants in three nonimmigrant categories: H-2A, H-2B and E-2 status.

Applicants must present an unexpired foreign passport along with a Form I-94 or I-94A documenting one of the qualifying visa categories. The documents are required during issuance, renewal, transfer or an upgrade of a non-domiciled CDL.

The rule also makes asylum seekers, refugees, asylees and recipients of Deferred Action for Childhood Arrivals, or DACA, ineligible for the credentials under the new requirements.

FMCSA says vetting is the central issue

In its court filing, FMCSA said it does not contend that non-domiciled CDL holders are less safe as a group. The agency said the rule addresses gaps in the verification process, including access to foreign driving records, federal immigration-status vetting and state-level document checks.

At an earlier stage of the litigation, the court noted that non-domiciled CDL holders represented approximately 5% of all CDL holders while accounting for about 0.2% of fatal crashes in data cited by the agency. FMCSA subsequently conducted additional consultations, reviewed public comments and issued a final rule with a more detailed explanation of its rationale.

The agency’s position comes amid broader federal enforcement involving CDL eligibility and English-language requirements. Joint federal and state enforcement actions can result in immediate out-of-service orders when a driver is found operating with an invalid credential or fails applicable requirements.

California challenges expiration requirements

California is separately disputing how the federal rule applies to certain non-domiciled CDLs issued by the state. A key issue is whether license expiration dates must fall on or before the expiration date of a driver’s federal authorization to remain in the United States.

California argues that federal law does not impose that specific requirement. In its court filing, the state said FMCSA had not identified a federal rule requiring a CDL to expire on or before the date shown on a driver’s legal-presence documents.

Non-domiciled CDL policy has evolved

The non-domiciled CDL category developed from the former “nonresident CDL,” which was renamed during the Obama administration. In 2019, FMCSA issued guidance allowing certain foreign nationals with federal work authorization to obtain non-domiciled CDLs. The guidance was later supported by the American Trucking Associations.

The category became increasingly significant as more states issued these credentials to drivers whose permanent legal homes were outside the United States. The new rule represents a substantial reversal of that broader eligibility approach and is expected to reduce the number of foreign-domiciled drivers who can lawfully hold or obtain a U.S. commercial license.