The U.S. Department of Transportation announced an emergency interim final rule to strengthen federal oversight of how states issue non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs). The rule comes in response to a nationwide review conducted by the Federal Motor Carrier Safety Administration (FMCSA) revealing widespread non-compliance state driver licensing agencies and a troubling series of fatal crashes caused by nondomiciled CDL holders.

FAQs:

When did this rule go into effect?

September 29, 2025.

What is the FMCSA rule?

This interim final rule closes gaps in how states issue CLPs and CDLs to individuals from outside of the United States. It tightens eligibility, strengthens safeguards, and makes clear when these licenses must be canceled or revoked, delivering a more secure system and safer roads for all Americans.

  1. Limits individuals eligible for non-domiciled CLPs and CDLs to foreign individuals in     lawful status in the United States in certain employment-based, non-immigrant categories, certain individuals domiciled in a U.S. territory, and individuals domiciled in a state that is prohibited from issuing CLPs or CDLs because FMCSA has decertified the state’s CDL program.
  2. Requires non-citizen applicants (except for lawful permanent residents) to provide an unexpired foreign passport and an unexpired Form I-94/94A (Arrival/Departure Record) indicating one of the specified employment-based nonimmigrant categories, specifically H2-B, H2-A, and E-2 visas, at every issuance, transfer, renewal, and upgrade action defined in the regulation.
  3. Requires state drivers licensing agencies (SDLA) to query the Systematic Alien    Verification for Entitlements system, known as SAVE, which is administered by U.S. Citizenship and Immigration Services within the U.S. Department of Homeland Security, to verify the accuracy and legitimacy of provided documents and information.
  4. Requires that SDLAs retain copies of the application documents for at least two years. 
  5. Requires the expiration date for any non-domiciled CLP or CDL to match the expiration date of Form I-94/94Anor to expire in one year, whichever is sooner.
  6. Requires the applicant to be present in-person at each renewal; and
  7. Requires an SDLA to downgrade the non-domiciled CLP or CDL if the state becomes aware that the holder is no longer eligible to hold a non-domiciled CLP or CDL.

Who is eligible to apply for a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL) under the new rule?

  • U.S Citizens
  • Permanent Residents (Customers holding a valid Green Card/I-551)
  • Non-Citizens with:
    • An unexpired passport with one of the following visa classes:
      • H-2A(Temporary Agricultural Workers)
      • H-2B(Temporary Non-Agricultural Workers) 
      • E-2(Treaty Investors) 

                 AND

  • Valid Form I-797A/I-94

How does it affect my current license/permit?

If you currently have CDL privileges it does not affect your current license, however you will be required to provide the necessary documentation at every issuance, transfer, renewal, and upgrade.

What happens if I don’t meet the requirements of the new rule?

If you don’t meet the requirements, your CDL privileges may be downgraded to a Non-Commercial License.

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