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Department of Transportation Finalizes Rule on Non-domiciled CDLs
CDL
issuance will be further limited at the state level.
After months of back-and-forth between states and the
federal government, the FMCSA has announced final rule to address Commercial Driver’s
Licenses (CDLs) being issued to what the agency deemed unvetted drivers. Certain individuals will be barred from
obtaining or holding a CDL at the state level.
FMCSA Administrator Derek Barrs and Transportation Secretary
Sean Duffy have determined that because it is impossible to verify the history
of foreign nationals, non-domiciled licenses will be restricted to drivers with
specific visas. Further, they determined that this responsibility should not go
to individual states who lack the ability to track the driver history of
license applicants.
The final rule is set to take effect by mid-March of
2026.
The Three Major Changes
1. Who can now obtain a non-domiciled CDL
Non-domiciled CDL eligibility is
limited to H-2A (seasonal agricultural), H-2B (seasonal non-agricultural), and
E-2 visa holders. These applicants will
also be subject to more thorough background checks.
2. EADs will no longer be accepted to obtain a CDL
Employment Authorization Documents
(EADs) will no longer be considered proof of eligibility. Applicants must instead provide a current
passport and specific I-94 documentation.
3. Non-domiciled CDL applicants must have their status verified through SAVE
Individual states must use the
Systematic Alien Verification for Entitlements (SAVE) to confirm an applicant’s
lawful immigration status.
What This Means For Motor Carriers
This rule change means that in addition to the changing
standards for drivers, motor carriers will be expected to do more to verify the
qualifications of their drivers. Some
drivers who are currently qualified may have their CDLs downgraded or revoked. There may also be increased penalties levied
against motor carriers who employ ineligible drivers. Motor carriers will be expected to use a more
rigorous vetting process.
What This Means For Drivers
194,000 current CDL holders may be forced to leave the
trucking industry as they do not have qualifying visas under the new rule. Further complicating the landscape is the
increased enforcement of English Language Proficiency (ELP).
Other Considerations
With the other updates to DOT and FMCSA regulations enacted
in 2026, enforcement is expected to become significantly more stringent. Out-of-Service (OOS) Orders will be used
against drivers and companies that do not comply with updated standards.
Drivers who hold Canadian or Mexican CDLs are generally
exempt from needing a U.S. non-domiciled license, though they remain subject to
ELP and other safety enforcements.
With approximately thirty days before this rule takes
effect, carriers should audit their driver files immediately. You can follow Sky Transport Solutions for updates
on this and other FMCSA or the DOT news.