Documentary record · FINAL RULE
FMCSA limits non-domiciled commercial driver licences to three visa categories
Event date
February 13, 2026
Jurisdiction
United States
Issuing body
Federal Motor Carrier Safety Administration
Action type
FINAL RULE
Lifecycle state
IN EFFECT
Verification
P · read at the Federal Register
Legal effect
Non-domiciled commercial learner permits and commercial driver licences may be issued only to applicants in lawful H-2A, H-2B or E-2 status. No other immigration status qualifies. The rule took effect 16 March 2026 and applies at issuance, renewal, transfer, duplication and reinstatement.
What this establishes
- The eligible categories are H-2A, H-2B and E-2 status. An Employment Authorization Document alone no longer qualifies.
- Non-domiciled credentials may run no longer than one year and must be marked NON-DOMICILED.
- Duplicates, address changes and reinstatements require fresh in-person immigration verification.
- States unable to comply must pause issuance. FMCSA encourages states to audit and revoke credentials it considers improperly issued.
What this does not establish
- Any change to DOT medical certification, which is a separate federal requirement and is unaffected.
- That any individual credential was unlawfully issued. That is a state-by-state factual question.
- That crash risk differs by driver nationality or origin. The rule states a record-availability rationale, not a measured rate.
Why it matters
The rule reorganises who may legally drive commercially in the United States without domicile here. FMCSA estimates roughly 194,000 current holders will leave the eligible pool as credentials expire.
Primary source
Related on this site
Record current through 18 September 2026, 3:00 PM PT · record id fmcsa-non-domiciled-cdl-final-rule-2026-02-13.