FMCSA revises non-domiciled CDL rules

February 12, 2026

The Federal Motor Carrier Safety Administration (FMCSA) has announced a final rule that builds on and makes minor changes to its existing non-domiciled commercial driver’s license (CDL) regulations.

The revisions, in response to legal actions filed against the agency, close two of what the FMCSA calls “critical failures” in the driver vetting process.

Key provisions

Key provisions of the final rule include:

Strict Eligibility: To be eligible for a non-domiciled CDL, the driver must possess an unexpired foreign passport and hold one of the following non-immigrant statuses:

H-2A (Temporary Agricultural Workers),
H-2B (Temporary Non-Agricultural Workers), and
E-2 (Treaty Investors).

Proof of Eligibility: Applicants must present an unexpired foreign passport and specific Form I-94 documentation to the state driver licensing agency (SDLA). Employment Authorization Documentation (EAD) will no longer be accepted as proof of eligibility.

Mandatory SAVE Verification: State driver licensing agencies must query the Systematic Alien Verification for Entitlements (SAVE) system to confirm every applicant's lawful immigration status.

Specific Validity Period: The validity period for a non-domiciled CDL may not exceed the expiration date of the “Admit Until Date” of the driver’s I-94 documentation or one year, whichever is sooner.

This rulemaking is effective March 16, 2026.

Publish Date

February 12, 2026

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Industry News

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