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FMCSA concludes a comprehensive review of regulations applicable to Non-Domiciled CDL holders.
After several months, the Federal Motor Carrier Safety Administration (FMCSA) has completed its comprehensive review of the regulations applicable to non-domiciled commercial driver’s license (CDL) holders, reaffirming the primary objective of the Interim Final Rule (IFR) introduced in 2025 while incorporating key modifications and improvements.
The Department of Transportation (DOT) issued a press release on February 11 stating that the purpose of the rule is to prevent foreign drivers who have not undergone consular and interagency screening from obtaining a commercial driver’s license.
The final version of the FMCSA rule specifically establishes new requirements that states must meet before issuing both CDLs to non-residents and Commercial Learner’s Permits (CLPs).
Final rule tightens requirements for issuing Non-Domiciled CDLs
The final rule effectively replaces a temporary rule issued by Transportation Secretary Sean Duffy in September 2025, which had suspended the issuance of CDLs to non-domiciled individuals. According to the DOT statement, the final rule will take effect 30 days after its publication in the Federal Register. The rule will retain the more stringent provisions of the IFR, including:
- Visa Requirements – Holders of H-2A, H-2B, and E-2 visas may qualify, provided they undergo enhanced interagency verification.
- Elimination of Employment Authorization Documents (EADs) – EADs will no longer be accepted as proof of eligibility due to repeated noncompliance by State Driver Licensing Agencies (SDLAs). Applicants will now be required to present a valid foreign passport and specific Form I-94 documentation.
- Mandatory SAVE Verification – States must consult the Systematic Alien Verification for Entitlements (SAVE) system to confirm the lawful immigration status of each applicant.
In recent months, several states have been audited by the FMCSA, resulting in the suspension of their authority to issue commercial driver’s licenses to non-domiciled individuals after deficiencies in compliance with federal regulations were identified.
This is for Dalilah Coleman and all the Americans killed or hurt in crashes caused by UNQUALIFIED foreign truck drivers.
— Secretary Sean Duffy (@SecDuffy) February 11, 2026
These trucker drivers should NEVER have received a commercial driver’s license. And this rule makes sure that it won’t happen again. @POTUS and I are… https://t.co/FYOZUkVxOy
The new rule seeks to establish stricter requirements to ensure proper compliance with the law by all states, with the goal of strengthening roadway safety nationwide and ensuring that processes are carried out lawfully. The FMCSA is tailoring the regulation to be as minimally restrictive as possible while still advancing a compelling governmental interest: ensuring the safe operation of commercial motor vehicles (CMVs) and driver fitness by verifying the backgrounds of non-domiciled drivers at a level comparable to that required for drivers domiciled in the United States, as set forth in the rule.
Derek Barrs, FMCSA Administrator, stated that a critical safety gap had allowed unqualified drivers with unknown driving histories to operate commercial vehicles, and that the agency is working to close that gap to ensure safe driving across the United States.
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