New CDL Rules for Nonimmigrant Truck Drivers and Employers: What You Need to Know

On September 29, 2025, the U.S. Department of Transportation (DOT) issued an interim final rule titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses (CDLs).” The rule—issued by the Federal Motor Carrier Safety Administration (FMCSA)—was effective immediately and represents one of the most significant regulatory changes in years for foreign truck drivers and trucking companies that employ them.

The rule tightens federal oversight of state-issued Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs), particularly for non-U.S. citizens authorized to work in the United States. It follows a federal investigation into several fatal accidents involving drivers whose CDLs were issued in violation of immigration or residency rules.

At SG Legal Group, my team and I represent trucking and logistics companies that sponsor foreign drivers through the employment-based immigration process, including PERM labor certifications and related visa petitions. This policy update directly impacts both employers and drivers navigating immigration pathways within the U.S. trucking industry—and understanding its implications is essential for planning and compliance.

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Why FMCSA Changed the CDL Rules

FMCSA found widespread compliance failures among state licensing agencies when issuing CDLs to non-domiciled drivers. According to the agency’s report, some states:

• Issued CDLs to ineligible drivers;
• Failed to align license expiration dates with drivers’ authorized periods of stay in the United States;
• Lacked sufficient staff training and quality assurance; and
• Did not consistently verify immigration status through the Systematic Alien Verification for Entitlements (SAVE) system.

As a result, FMCSA determined that stronger oversight was necessary to prevent unsafe and unauthorized operation of commercial vehicles on U.S. roads.

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Who Can Still Get a CDL or CLP

Under the new rule, only drivers in specific lawful employment-based nonimmigrant categories remain eligible for a CDL or CLP.

You may still qualify if you are in one of the following statuses and can present the required documentation:

✅ Eligible nonimmigrant statuses:

• H-1B (specialty occupation workers)
• L-1 (intracompany transferees)
• O-1 (individuals of extraordinary ability)
• E-2 (treaty investors)
• H-2A or H-2B (temporary agricultural or non-agricultural workers)

✅ Required documentation:

• An unexpired foreign passport, and
• An unexpired Form I-94 or I-94A indicating one of the above classifications.

These documents must be shown every time a CDL or CLP is issued, renewed, transferred, or upgraded.

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Who Is Now Ineligible

The rule excludes anyone whose work authorization is based solely on an Employment Authorization Document (EAD)—even if that EAD is valid for work in the United States.

This includes:

• Asylum seekers and asylees
• DACA recipients (Deferred Action for Childhood Arrivals)
• Temporary Protected Status (TPS) holders
• Applicants with pending adjustment of status (Form I-485)
• Parolees or deferred action beneficiaries

If your work authorization is granted only by an EAD—not by a visa or I-94 with an employment-based category—you will no longer be eligible to apply for, renew, or transfer a CDL or CLP.

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Expiration and Verification Rules

To close previous compliance gaps, the FMCSA now requires that:

• Each CDL or CLP must expire no later than the driver’s authorized period of stay (Form I-94 date) or within one year, whichever is sooner.
• States must verify the applicant’s immigration status through the SAVE system before issuing or renewing any license.
• States must pause issuance or renewal of non-domiciled CDLs until their internal systems meet new federal verification standards.

See the full rule in the Federal Register: Restoring Integrity to the Issuance of Non-Domiciled CDLs and Correction Notice (Oct. 2, 2025).

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What Trucking Companies Must Do

1. Audit Current Drivers’ Licensing Status

Employers should immediately verify that each non-U.S. citizen driver holds a CDL that complies with the new rule.

Ask your drivers to provide:

• A valid foreign passport, and
• An unexpired Form I-94 showing an eligible visa category (such as H-2B or E-2).

If the driver’s work authorization is based on an EAD, the driver’s CDL may no longer be valid for renewal.

2. Separate Immigration and Licensing Compliance

Be cautious not to mix immigration verification with hiring decisions.

Any review of driver eligibility should be conducted independent of Form I-9 processes to avoid allegations of discrimination or document abuse under federal law.

3. Prepare for Delays

Many states have temporarily paused CDL issuance or renewal for non-domiciled drivers while updating their systems. Expect processing delays that may affect scheduling and route assignments.

4. Track License Expiration Dates

Under the new rule, CDLs will often expire earlier—sometimes within a year—depending on the driver’s I-94 validity. Employers should proactively track upcoming expirations to prevent compliance gaps.

5. Consult Legal Counsel Before Termination or Suspension

If a driver’s CDL cannot be renewed due to this rule, seek legal advice before making employment decisions. In some cases, immigration status adjustments or visa changes may restore CDL eligibility.

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What Nonimmigrant Drivers Should Know

If you are a foreign national truck driver, here’s what this rule means for you:

✅ If you hold an H-2A, H-2B, or E-2 visa:

You can still apply for or renew your CDL, as long as your I-94 and passport are valid. Your license will be limited to your authorized stay or one year—whichever is shorter.

⚠️ If you have an EAD (DACA, TPS, asylum, or pending green card):

You are no longer eligible to obtain or renew a CDL. Even if your EAD remains valid, FMCSA rules now prohibit state licensing authorities from issuing a CDL in these cases.

💡 If your CDL expires soon:

Contact your state licensing agency as soon as possible to verify whether renewals are paused. Do not wait until the expiration date—some states are currently unable to process CDL renewals for nonimmigrant drivers.

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Expected Implementation and Comment Period

The interim rule is already in effect, but FMCSA has invited public comments through November 28, 2025.

During this period, FMCSA, DHS, and state agencies will issue additional technical guidance to ensure consistent enforcement nationwide.

For now, both trucking companies and foreign drivers should assume full compliance is required immediately.

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Practical Takeaways

For Trucking Companies:

• Confirm that all foreign drivers’ CDLs were issued under qualifying visa categories.
• Plan for renewal delays and update dispatch schedules accordingly.
• Separate immigration and CDL compliance reviews to reduce legal risk.

For Drivers:

• Check your immigration status and CDL expiration date.
• Renew your immigration documents early to maintain CDL eligibility.
• If your work authorization is based on an EAD, consult an immigration attorney about options to change or extend your status.

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How SG Legal Group Supports the Trucking Industry

At SG Legal Group, we represent trucking companies and professional drivers in all aspects of employment-based immigration sponsorship.

Our work focuses on helping U.S. transportation employers hire and retain qualified foreign drivers through the PERM labor certification process and related immigrant and nonimmigrant visa filings.

We assist:

• Trucking companies in obtaining labor certifications (PERM) and filing employment-based immigrant petitions (EB-2 and EB-3).
• Foreign drivers pursuing permanent residency through their U.S. employer’s sponsorship.
• Employers developing long-term immigration strategies to maintain a stable and compliant workforce amid evolving federal policies.

While we do not handle employment verification or state licensing matters, our immigration practice ensures that both employers and drivers are well positioned to maintain lawful work authorization and pursue permanent residency in the United States.

If your company is sponsoring foreign drivers or plans to start the PERM process, my team at SG Legal Group can guide you through every step—from prevailing wage and recruitment to I-140 filings and adjustment of status.

Consultations are available in English, Russian, or Romanian.

Call 410-618-1288 or visit our contact page to schedule a consultation.