The Federal Motor Carrier Safety Administration issued an emergency interim final rule that immediately and significantly restricts eligibility for non-domiciled commercial driver’s licenses, citing fatal crashes and widespread state compliance failures as justification for bypassing normal rule making procedures.
The rule, effective immediately upon publication in the Federal Register on Sept. 29, limits non-domiciled CDL eligibility to foreign nationals holding H-2A agricultural worker visas, H-2B temporary non-agricultural worker visas, or E-2 treaty investor visas. Employment Authorization Documents alone will no longer qualify applicants for the specialized licenses.
The agency’s 2025 Annual Program Reviews uncovered alarming compliance rates. In California alone, approximately 25% of non-domiciled CDLs were improperly issued, with some licenses extending four years beyond the holder’s authorized employment period. FMCSA has identified similar violations in Colorado, Pennsylvania, South Dakota, Texas and Washington.
The agency documented five fatal crashes since January involving non-domiciled CDL holders, collectively killing 12 people and injuring 15 others. Several drivers would not have been eligible under the new restrictions.
The rule affects approximately 200,000 current non-domiciled CDL holders and 20,000 commercial learner’s permit holders. FMCSA estimates only about 6,000 drivers annually will qualify for non-domiciled credentials under the new restrictions, representing a dramatic reduction in eligible applicants.
States that issue non-domiciled CDLs must immediately pause issuance until they can demonstrate compliance with the updated requirements, including:
– Mandatory verification through the Department of Homeland Security’s SAVE system
– In-person renewal requirements annually
– Two-year document retention requirements
– Conspicuous display of “non-domiciled” on license face
The agency estimates states will incur approximately $70,000 each in first-year compliance costs, totaling $3.2 million across 46 affected states.
