WASHINGTON, D.C. — The Federal Motor Carrier Safety Administration (FMCSA) announced an emergency interim final rule Thursday that immediately restricts eligibility for non-domiciled commercial driver’s licenses (CDLs), citing recent fatal crashes and widespread state compliance failures as justification for bypassing the normal rulemaking process.
Effective immediately upon publication in the Federal Register on September 29, 2025, the new rule limits non-domiciled CDL eligibility to foreign nationals holding H-2A agricultural worker visas, H-2B temporary non-agricultural worker visas, or E-2 treaty investor visas. Employment Authorization Documents alone will no longer suffice for license eligibility.
FMCSA said the emergency action is necessary due to what it describes as a “two-front crisis” of overly broad eligibility and systemic failures in state implementation. The agency’s 2025 Annual Program Reviews revealed alarming compliance issues, including California, where roughly 25% of non-domiciled CDLs were improperly issued, some extending four years beyond the holder’s authorized employment period. Similar violations were found in Colorado, Pennsylvania, South Dakota, Texas, and Washington.
“The confluence of these recent events and recently uncovered factors creates an imminent concern that the current regulatory framework does not provide a sufficient margin of safety to protect the traveling public,” FMCSA stated.
The rule follows five fatal crashes this year involving non-domiciled CDL holders, resulting in 12 deaths and 15 injuries. Several drivers involved would not have been eligible under the new restrictions. Among the most serious incidents were:
- Aug. 12, Florida: A tractor-trailer driver without lawful immigration status caused a crash on the Florida Turnpike that killed three people.
- March 14, Austin, Texas: A 17-vehicle crash killed five, including two children. The driver had been improperly issued a standard CDL and violated hours-of-service rules in the days prior.
The interim rule affects approximately 200,000 current non-domiciled CDL holders and 20,000 commercial learner’s permit holders. FMCSA estimates that under the new restrictions, only 6,000 drivers annually will qualify for these licenses—a substantial reduction in eligible applicants.
State Compliance Requirements:
States issuing non-domiciled CDLs must immediately halt issuance until they demonstrate adherence to updated requirements, including:
- Verification through the Department of Homeland Security’s SAVE system
- Annual in-person renewals
- Two-year document retention
- Display of “non-domiciled” on the license
The agency estimates states will incur about $70,000 in first-year compliance costs, totaling $3.2 million nationwide. FMCSA said the trucking industry is expected to adjust to the reduced driver pool, citing workforce expansions during the COVID-19 pandemic as precedent.
New Documentation Requirements:
Previously, applicants could present only an unexpired Employment Authorization Document or foreign passport with an I-94 form. The new rule requires:
- Unexpired foreign passport
- Unexpired Form I-94/I-94A showing eligibility under one of the three visa categories
- SAVE system verification confirming legal status
Certain groups, including asylum seekers, asylees, refugees, and DACA recipients, are excluded despite legal work authorization.
FMCSA defended bypassing standard notice-and-comment procedures, warning that advance notice could prompt a surge of unqualified applicants attempting to secure licenses before the new restrictions took effect.
The rule includes a 60-day comment period for public input on potential modifications, though its immediate effective date remains in place to address what FMCSA calls an imminent public safety hazard.
