New Rules for CDL Drivers: What Immigrants in the U.S. Need to Know

If you are an immigrant living in the United States and working (or planning to work) as a commercial driver, you should know that the rules for CDLs (Commercial Driver’s Licenses) have recently changed. These updates may affect who is eligible to apply for a license and how states issue them.

What Is a CDL?

A CDL is a special driver’s license required for anyone who operates large or heavy vehicles, such as trucks, buses, or other commercial vehicles. Without a CDL, you cannot legally work as a commercial driver in the U.S.

What Does “Non-Domiciled CDL” Mean?

  • Domiciled CDL: A license issued to people who live permanently in a state.
  • Non-Domiciled CDL: A license given to people who are not permanent residents of a state, often foreign nationals or immigrants with temporary status.

For many years, some states issued non-domiciled CDLs to foreign drivers. However, problems with improper licensing and safety concerns have now led to stricter rules.

The New Rule: Emergency Federal Oversight

On September 26, 2025, the U.S. Department of Transportation announced an emergency interim final rule to strengthen oversight of how states issue non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).

This change comes after a nationwide review by the Federal Motor Carrier Safety Administration (FMCSA) that uncovered serious problems:

  • Systemic non-compliance across several states (including California, Colorado, Pennsylvania, South Dakota, Texas, and Washington).
  • Programming errors and weak quality checks that allowed ineligible drivers to receive CDLs.
  • Lack of staff training, which led to licenses being issued with expiration dates beyond the driver’s legal stay in the U.S.
  • A series of fatal crashes caused by non-domiciled CDL holders.

The goal of the new rule is to close gaps in the system, tighten eligibility, and make U.S. roads safer.

Key Changes You Should Know

  • Eligibility Limited: Only certain foreign individuals in lawful status (specific employment-based non-immigrant categories), individuals from U.S. territories, or individuals from states whose CDL programs were decertified may apply for non-domiciled CDLs.
  • Visa Categories: Applicants must present an unexpired foreign passport and Form I-94/94A showing one of these visa types:
    • H-2B (temporary non-agricultural workers)
    • H-2A (temporary agricultural workers)
    • E-2 (investors or employees of treaty traders)
  • Verification Required: State licensing agencies (SDLAs) must use the SAVE system (run by U.S. Citizenship and Immigration Services) to verify immigration documents.
  • Document Retention: SDLAs must keep copies of application documents for at least two years.
  • Expiration Dates: A non-domiciled CLP or CDL must expire on the same date as the I-94/94A or within one year, whichever comes first.
  • In-Person Renewal: Applicants must appear in person for every renewal.
  • Downgrades and Revocations: If a driver’s immigration status changes or documents expire, states must downgrade or cancel the CDL immediately.

What This Means for Immigrant Drivers

  • If you already hold a CDL, you should check your expiration date and confirm with your state DMV that your license is still valid under the new rules.
  • If you are applying for the first time, be prepared to show updated immigration documents and proof of your lawful status.
  • If you are in the U.S. under another visa category (not H-2A, H-2B, or E-2), you may no longer qualify for a non-domiciled CDL.

These new rules may make it harder for some immigrants to apply for or keep a CDL. But if you stay informed, keep your documents current, and work closely with your state DMV, you can still build a career in commercial driving.

For the most accurate updates, always check the FMCSA website or your local DMV.

UPDATE (November 2025): Rule Temporarily Suspended

On November 10, 2025, the court issued an order administratively staying the FMCSA rule dated September 29, 2025. This means that the rule is temporarily not in effect while the court reviews the emergency motions seeking to block it.

During this pause, affected drivers may apply for or renew their CDL under the previous rules. However, the situation remains uncertain, and it is important to monitor further developments in the D.C. Circuit.

⚠️ Disclaimer: This article is for information purposes only. Laws and regulations may change. Always check official sources (FMCSA, DOT, DMV, USCIS) or seek legal advice for your specific situation.

Sources

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