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U.S. narrows CDL eligibility for noncitizens in final rule
The final rule is set to come into effect mid March.
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Malvika Choudhary - Fri, 13, Feb 2026
- 16:20 EST
- 18
Representative image / Pexels
The U.S. Department of Transportation on Feb. 11 finalized a rule tightening eligibility for which noncitizens can obtain or renew commercial driver’s licenses, raising fresh concerns among immigrant and diaspora communities that rely on trucking and transport jobs.
The new rule, issued by the Federal Motor Carrier Safety Administration (FMCSA), restricts access to non-domiciled commercial learner’s permits and commercial driver’s licenses to a narrow set of employment-based nonimmigrant visa holders and eliminates the use of Employment Authorization Documents as proof of eligibility.
Also Read: U.S. drug seizure fuels debate on immigrant truck driver licensing
Nondomiciled CDLs will be limited to individuals with an H-2A, H-2B or E-2 visa, categories that federal officials say are subject to enhanced consular vetting and interagency screening.
States must verify every applicant’s lawful immigration status through the federal Systematic Alien Verification for Entitlements database and may no longer accept Employment Authorization Documents, which do not include transportation-safety screening.
Also, applicants will have to present an unexpired foreign passport and an approved Form I-94 corresponding to an eligible status.
Transportation Secretary Sean P. Duffy said the changes are intended to close a safety gap that allowed drivers with unverifiable foreign driving histories to obtain licenses to operate large commercial vehicles.
“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems,” Duffy said in a statement. “Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig.”
FMCSA identified at least 17 fatal crashes in 2025 involving non-domiciled CDL holders who would be ineligible under the new rule. Those crashes resulted in 30 deaths, according to the agency, which said it did not identify any fatal crashes linked to drivers who would remain eligible under the revised standards.
FMCSA Administrator Derek D. Barrs said the rule closes a critical safety gap in the commercial licensing system, adding that drivers whose safety histories cannot be verified will no longer be permitted to hold a CDL.
The action follows heightened scrutiny of state licensing practices after several high-profile highway crashes involving non-domiciled CDL holders in recent months. Federal and state investigators have linked multiple fatal collisions to drivers holding non-domiciled licenses whose prior driving records could not be accessed by U.S. licensing agencies.
Several of those crashes involved drivers of Indian origin, including Harjinder Singh, Jashanpreet Singh, Rajinder Kumar, and Kamalpreet Singh, all of whom held non-domiciled CDLs at the time of their respective crashes. Investigations into those incidents found that state motor vehicle agencies lacked the ability to verify the drivers’ full driving histories outside the United States before issuing or renewing their licenses.
The final rule builds on an emergency action taken by the department last year amid a surge in deadly crashes involving non-domiciled drivers and follows an executive order by President Donald Trump directing federal agencies to prioritize roadway safety.
The administration has also moved to strengthen enforcement of English-language proficiency requirements for commercial drivers and designated English as the official language of the United States.
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