02/12/2026
The Federal Motor Carrier Safety Administration (FMCSA) issued a final rule on February 11, 2026, titled "Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver's Licenses," which strictly limits eligibility for non-domiciled Commercial Driver’s Licenses (CDLs). This rule follows a previous interim final rule (IFR) from September 2025 that was temporarily stayed by a federal court.
The finalized regulations include the following key changes:
Strict Visa Categories: Eligibility is now limited exclusively to foreign-domiciled individuals holding H-2A (Temporary Agricultural), H-2B (Temporary Non-Agricultural), or E-2 (Treaty Investor) nonimmigrant status.
Elimination of EADs: Employment Authorization Documents (EADs) are no longer accepted as standalone proof of eligibility. This disqualifies many previously eligible groups, including DACA recipients, asylum seekers, and those with Temporary Protected Status (TPS).
Mandatory Documentation: Applicants must present an unexpired foreign passport and specific Form I-94 Arrival/Departure records for every issuance, renewal, or upgrade.
Verification Requirements: State Driver's Licensing Agencies (SDLAs) are now required to use the DHS SAVE system to verify immigration status and must conduct in-person renewals.
Implementation Timeline: The rule is scheduled for publication in the Federal Register on February 13, 2026, and will officially take effect 30 days later.
Estimates suggest this rule could remove approximately 200,000 non-domiciled CDL holders from the road as their current licenses expire over the next two years.
Would you like more information on the specific state-level compliance actions or how this rule affects current drivers whose licenses have not yet expired?
