FMCSA Issues Interim Final Rule on Non-Domiciled CDLs Effective Immediately
Earlier today, the Federal Motor Carrier Safety Administration (FMCSA) issued an Interim Final Rule (Rule) that significantly alters the process for State Driver’s Licensing Agencies (SDLAs) in issuing commercial driving credentials to foreign-domiciled individuals. The Rule takes effect immediately upon publication, as early as Monday, September 29, 2025.
The Rule revises the regulations that allow SDLAs to issue and renew non-domiciled commercial learner’s permits (CLPs) and CDLs to individuals domiciled in foreign jurisdictions by restricting the issuance and renewal of non-domiciled CLPs and CDLs to individuals who maintain lawful immigration status in the following specific employment-based nonimmigrant categories: H-2A, H-2B, and E-2 visa holders. No other immigration categories will be eligible for a non-domiciled CLP or CDL.
Additional changes adopted by the Rule include:
- Applicants must present an unexpired foreign passport and Form I-94/I-94A at every issuance, transfer, renewal, and upgrade action. An Employment Authorization Document (EAD) will no longer be sufficient to obtain a non-domiciled CLP or CDL.
- SDLAs must query Systematic Alien Verification for Entitlements (SAVE) to verify the applicant’s lawful immigration status in one of the three permitted categories.
- The expiration date of any non-domiciled CLP or CDL will now match the expiration date of the Form I-94/I-94A or one year, whichever is sooner.
- The applicant must be present in-person at each renewal as the current rule permitted online or mail-in renewals.
Furthermore, the Rule also states that the SDLAs must invalidate any non-domiciled CDLs when notified by the FMCSA or other federal agencies that the non-domiciled CDL does not comply with the new requirements.
FMCSA invites interested members of the public to provide comments on the Rule within 60 days after its publication in the Federal Register. Motor carriers are advised to review their hiring practices to ensure alignment with the updated requirements.
For more information, contact Tim Wiseman, Chris Eckhart, Prasad Sharma, or Brigitte Collier.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
FMCSA Issues Interim Final Rule on Non-Domiciled CDLs Effective Immediately
Earlier today, the Federal Motor Carrier Safety Administration (FMCSA) issued an Interim Final Rule (Rule) that significantly alters the process for State Driver’s Licensing Agencies (SDLAs) in issuing commercial driving credentials to foreign-domiciled individuals. The Rule takes effect immediately upon publication, as early as Monday, September 29, 2025.
The Rule revises the regulations that allow SDLAs to issue and renew non-domiciled commercial learner’s permits (CLPs) and CDLs to individuals domiciled in foreign jurisdictions by restricting the issuance and renewal of non-domiciled CLPs and CDLs to individuals who maintain lawful immigration status in the following specific employment-based nonimmigrant categories: H-2A, H-2B, and E-2 visa holders. No other immigration categories will be eligible for a non-domiciled CLP or CDL.
Additional changes adopted by the Rule include:
- Applicants must present an unexpired foreign passport and Form I-94/I-94A at every issuance, transfer, renewal, and upgrade action. An Employment Authorization Document (EAD) will no longer be sufficient to obtain a non-domiciled CLP or CDL.
- SDLAs must query Systematic Alien Verification for Entitlements (SAVE) to verify the applicant’s lawful immigration status in one of the three permitted categories.
- The expiration date of any non-domiciled CLP or CDL will now match the expiration date of the Form I-94/I-94A or one year, whichever is sooner.
- The applicant must be present in-person at each renewal as the current rule permitted online or mail-in renewals.
Furthermore, the Rule also states that the SDLAs must invalidate any non-domiciled CDLs when notified by the FMCSA or other federal agencies that the non-domiciled CDL does not comply with the new requirements.
FMCSA invites interested members of the public to provide comments on the Rule within 60 days after its publication in the Federal Register. Motor carriers are advised to review their hiring practices to ensure alignment with the updated requirements.
For more information, contact Tim Wiseman, Chris Eckhart, Prasad Sharma, or Brigitte Collier.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.