Effective September 29, 2025, the U.S. Department of Transportation (DOT) issued an interim final rule that immediately changes who can obtain and renew Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CPLs).
The rule, implemented by the Federal Motor Carrier Safety Administration (FMCSA), aims to strengthen federal oversight of how states issue CDLs and CPLs—particularly to noncitizens who are not domiciled in the United States. The change follows several fatal crashes in 2025 involving foreign CDL holders and findings that some states had failed to properly verify immigration status before issuing licenses.
Key Findings Behind the Rule
FMCSA’s review of state licensing processes revealed:
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Widespread noncompliance with existing federal guidance.
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Programming errors and weak quality assurance systems that led to improper issuance of CDLs.
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Insufficient staff training, resulting in CDLs being issued to ineligible drivers or with expiration dates extending beyond the individual’s authorized stay in the U.S.
What the New Rule Requires
Under the DOT’s interim rule, which took effect immediately:
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Eligibility Limited to Employment-Based Nonimmigrant Visa Holders
Only individuals lawfully present in employment-based nonimmigrant statuses—such as H-1B, L-1, O-1, E-2, H-2A, and H-2B—are now eligible for CDLs or CPLs. -
EAD-Only Holders No Longer Eligible
Individuals whose work authorization is based solely on an Employment Authorization Document (EAD)—such as DACA recipients, TPS holders, asylum seekers, and applicants for adjustment of status—are no longer eligible to obtain or renew commercial licenses. -
Updated Documentation Requirements
Non-citizen applicants (except lawful permanent residents) must present:-
A valid, unexpired foreign passport, and
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A valid, unexpired Form I-94 or I-94A indicating admission in one of the permitted visa categories.
These documents are required for each issuance, transfer, renewal, or upgrade.
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SAVE System Verification
States must verify noncitizen status through the Systematic Alien Verification for Entitlements (SAVE) program before issuing or renewing a CDL or CPL. -
Expiration Limits
A CDL or CPL for a non-domiciled driver must expire on the same date as the Form I-94/94A or within one year of issuance, whichever comes first. -
State Compliance Pause
States are required to pause issuance or renewal of non-domiciled CDLs and CPLs until their systems are updated to comply with the new rule.
Employer Implications
Employers who hire or contract commercial drivers should immediately:
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Verify CDL eligibility for all foreign national drivers. Eligible drivers must present a valid passport and I-94 reflecting an approved employment-based nonimmigrant classification.
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Expect processing delays as states implement new procedures and system updates.
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Reverify work authorization carefully for employees whose CDLs may be impacted—this process should be kept separate from hiring and Form I-9 procedures to prevent potential discrimination or document abuse issues.
If a driver is no longer eligible under this rule but remains authorized to work (e.g., EAD holders), employers should consult with immigration counsel to explore alternative visa options or reassignments to maintain compliance and business continuity.
Bottom Line
The DOT’s interim rule significantly narrows who can legally obtain a commercial driver’s license in the United States. Many noncitizens who previously qualified under EAD-based work authorization are now excluded. Employers and drivers alike should act quickly to review their status, confirm eligibility, and anticipate disruptions in CDL renewals or issuance while states adapt to the new requirements.
For more details, see the FMCSA Fact Sheet: Protecting America’s Roads: Restoring Integrity to Non-Domiciled CDLs.