Impact of the New CDL Rule on Immigrant Workers with Visas

(UNITED STATES) The Federal Motor Carrier Safety Administration (FMCSA) has moved to sharply limit which foreign workers can hold commercial driver’s licenses in the United States, issuing an interim rule on September 29, 2025 that would bar most immigrant drivers who rely only on work permits from staying in the trucking workforce. The change, announced as an emergency action by Transportation Secretary Sean P. Duffy, targets non‑citizens who are not permanently settled in the country and could reshape hiring practices in an industry already dealing with labor shortages.

Who now qualifies for non‑domiciled CDLs and CLPs

Under the FMCSA interim rule, only a narrow group of workers with specific employment‑based nonimmigrant visas can obtain or renew a non‑domiciled commercial driver’s license (CDL) or commercial learner’s permit (CLP). The three qualifying categories are:

• H‑2A — temporary agricultural workers
• H‑2B — temporary nonagricultural workers
• E‑2 — treaty investors who have made substantial investments in a U.S. business

Everyone else who is not a U.S. citizen or permanent resident faces new hurdles or is cut off completely.

What changed for EAD holders and other protected groups

Before this change, many foreign‑born drivers built careers on the strength of an Employment Authorization Document (EAD). That group included:

• asylum seekers
• Deferred Action for Childhood Arrivals (DACA) recipients
• Temporary Protected Status (TPS) holders
• people waiting on green card applications

They could obtain non‑domiciled CDLs as long as they had federal permission to work. Under the new framework, EAD‑only holders are no longer eligible for CLPs or CDLs at all. For thousands of immigrant drivers, that means a legal right to work no longer translates into a right to drive a truck for a living.

Rationale from FMCSA and outside analysis

• According to analysis by VisaVerge.com, the rule is one of the most sweeping federal interventions in commercial license eligibility in years because it shifts focus from a person’s right to work to the exact visa label in their passport.
• FMCSA officials linked the move to several deadly crashes in 2025 involving non‑domiciled CDL holders and say the change will “strengthen federal oversight of state issuance processes.”
• The agency reviewed how states issue licenses to non‑domiciled applicants and concluded that a narrower list of acceptable statuses was needed.

New documentation and verification requirements

For non‑citizen applicants who are not permanent residents, documentation rules are now much stricter. At every issuance, transfer, renewal, or upgrade, they must present two key documents:

1. An unexpired foreign passport
2. An unexpired Form I‑94 or I‑94A showing admission in one of the three qualifying categories

• The arrival record is issued by U.S. Customs and Border Protection and can be accessed through the official CBP portal: https://i94.cbp.dhs.gov/I94/#/home.
• States must verify the applicant’s immigration status through the Systematic Alien Verification for Entitlements (SAVE) system before approving a commercial license.

Shortened validity and practical impacts

The length of time a CDL or CLP remains valid is being shortened for these non‑domiciled drivers:

• Licenses must expire on the earlier of:
  • the I‑94 expiration date, or
  • one year from the date of issuance

This is far shorter than many multi‑year validity periods drivers previously expected. Consequences include:

• More frequent renewals
• More trips to state motor vehicle offices
• Increased risk that a visa gap could suddenly force a driver off the road

Legal challenge and temporary restraining order

• The rule was expected to disqualify about 10,000 of the roughly 200,000 immigrant drivers currently holding commercial licenses.
• However, a federal judge blocked enforcement of the rule for now, allowing affected drivers to keep using current CDLs until those licenses expire.
• The court decision provides a temporary reprieve but does not eliminate long‑term uncertainty — drivers may still be unable to renew unless the rule is overturned or rewritten.

Immediate state actions and disruptions

Even with the court order, FMCSA instructed states to align their systems with the new federal requirements, creating immediate disruption:

• FMCSA ordered state licensing agencies to pause issuance or renewal of non‑domiciled CDLs and CLPs until procedures and computer systems match federal rules.
• In California, officials began revoking licenses for around 17,000 immigrant truckers, citing federal pressure to tighten compliance.
• Ports and logistics hubs that rely heavily on foreign‑born drivers raised concerns about delivery delays and higher shipping costs.

Employer responsibilities and compliance risks

Employers who hire commercial drivers now face new compliance risks and must take steps to avoid violations:

• Confirm that non‑citizen drivers who hold or apply for CDLs fall under H‑2A, H‑2B, or E‑2 status.
• Ensure drivers can show both a valid passport and a matching I‑94.
• Prepare for more frequent document checks due to shortened license validity.
• For workers who rely solely on an EAD, employers must reverify work authorization using documents that meet federal employment verification rules, even though those documents may no longer allow CDL eligibility.

Operational limits for qualified non‑domiciled CDL holders

The rule also imposes operational restrictions:

• Qualified non‑domiciled CDL holders face bans on hauling hazardous materials.
• FMCSA permits some state variation in applying parts of the regulation, meaning a driver might be allowed certain operations in one state but not in another.
• Drivers and dispatchers must now pay closer attention to both federal and state rules before assigning loads.

Reactions: industry, advocates, and supporters

• Industry groups and worker advocates argue the policy treats immigrant drivers as a safety risk based on immigration category rather than individual skill or experience. Many affected people have clean records and years of driving experience.
• Supporters say crashes involving non‑domiciled CDL holders revealed weaknesses in state checks and that narrowing eligibility to clear visa categories (H‑2A, H‑2B, E‑2) makes oversight simpler and more consistent.

Broader policy and legal implications

• The measure intersects with a wider national debate about how far federal agencies should tie immigration status to everyday work opportunities.
• Unlike green card holders and citizens (who remain fully eligible for standard CDLs), immigrant drivers with complex or temporary protections (like TPS or pending adjustment of status) now face a gray zone: allowed to live and work in the U.S., but under this rule unable to legally drive a commercial truck in many cases.
• The rule highlights FMCSA’s leverage over state licensing systems: states issue commercial licenses, but they must conform to federal standards and risk penalties (including withheld highway funds) for noncompliance.

For full details on federal CDL requirements, states rely on guidance from the Federal Motor Carrier Safety Administration: https://www.fmcsa.dot.gov/registration/commercial-drivers-license.

Human and economic consequences

For many drivers, the rule affects daily survival and family support:

• Long‑haul trucking is often one of the few paths to a stable middle‑income job for immigrants whose foreign credentials aren’t recognized in the U.S.
• Under the new approach, an H‑2B seasonal worker might still qualify for a CDL, while an asylum seeker with full work authorization and years of experience could be forced out once a license expires.
• The change raises questions about fairness, national labor needs, and whether an immigration document line should determine who keeps America’s freight moving.

Next steps: interim rule status and likely challenges

• Because this is an interim final rule, FMCSA can adjust it after public comments.
• The rule went into effect quickly, prompting rapid court challenges. Advocacy groups, civil rights organizations, and some trucking employers are likely to continue legal and policy challenges, particularly around equal protection and the mismatch between work authorization and CDL eligibility.
• Families of crash victims and safety advocates may continue to support tighter limits, arguing uncertainty about status should factor into decisions about operating large commercial vehicles.

Key takeaway: The FMCSA interim rule has injected new uncertainty for thousands of immigrant drivers and the companies that depend on them. Many can continue driving for now because of a court order, but renewals and state system changes may determine who remains behind the wheel — or whether an immigration credential decides who keeps America’s freight moving.