The Federal Motor Carrier Safety Administration has released a revised final rule to address how State Driver Licensing Agencies issue and renew Commercial Driver’s Licenses and Commercial Leaner’s Permits to non-domiciled applicants.

This final rule reaffirms, with minor changes, the provisions of the interim final rule (IFR) published on September 29, 2025. That interim final rule was the subject of a preliminary injunction issued by a federal court.

Specifically, this revised final rule limits eligibility for non-domiciled CDLs and CLPs for foreign-domiciled individuals to those who hold specific, verifiable employment-based nonimmigrant status. This rule also requires verifying an applicant’s foreign driving history before allowing the person to obtain a CLP or CDL.

The FMCSA notes that while domestic CDL applicants face rigorous driver history checks through the Commercial Driver’s License Information System (CDLIS) and the Problem Driver Pointer System (PDPS), non-domiciled applicants were previously processed without equivalent checks on their foreign driving history. The agency also asserted that the driver is not required to surrender their foreign license to obtain a non-domiciled CDL and may be driving in another country during the same time period in which they hold a non-domiciled CDL.

In the new rule, eligibility is limited to nonimmigrant status holders who undergo enhanced consular vetting and interagency screening which FMCSA asserts will serve as a functional proxy for driver history vetting by the SDLAs. By limiting eligibility to the nonimmigrant status holders identified through consultation with the U.S. Department of State, H–2A (Temporary Agricultural Workers), H– 2B (Temporary Non-Agricultural Workers), and E–2 (Treaty Investors) nonimmigrant status holders, the rule requires that non-domiciled drivers undergo driver history checks that SDLAs, who lack access to this information, are incapable of performing independently.

The FMCSA says SDLAs have issued noncompliant non-domiciled CDLs that extend beyond the expiration of drivers’ lawful presence in the United States, issued non-domiciled CDLs to citizens of Mexico and Canada not present in the United States under the Deferred Action for Childhood Arrivals program, issued non-domiciled CDLs to lawful permanent residents who should have been issued regular CDLs, and issued non-domiciled CDLs without providing evidence that it verified the driver’s lawful presence in the United States under the standards set forth in 49 CFR part 383. All of these actions violate current FMCSA regulations.

FMCSA now requires an unexpired foreign passport and an I–94 Arrival/Departure Record corresponding to a specific valid employment-based nonimmigrant status.

SDLAs are no longer able to accept Employment Authorization Documents (EADs) issued by the United States Citizenship and Immigration Services as a basis for granting a CDL or CLP. The FMCSA explained that EADs are just authorizations to work in the U.S. for a certain period of time. They do not include vetting of driving history or other safety practices.

As a result of this final rule, eligibility for a non- domiciled CLP or CDL is limited to H–2A, H–2B, and E–2 visa holders. In addition, some current non-domiciled CDL holders will no longer meet the eligibility standards set forth in the final rule, and SDLAs are required to rescind those CDLs.

The new rule has already been challenged by labor groups in the federal court of appeals.