The Federal Motor Carrier Safety Administration announced on Feb. 13 a final rule restricting the issuance of non-domiciled commercial driver licenses and learner permits to holders of H-2A, H-2B, or E-2 visas who undergo enhanced vetting.
The new regulation aims to address concerns about systemic non-compliance by state driver licensing agencies in verifying lawful presence and ensuring public safety. The agency said the rule is intended to restore integrity to the issuance of non-domiciled commercial driver’s licenses.
The Federal Motor Carrier Safety Administration published the final rule in the Federal Register. The rule addresses systemic non-compliance by state driver licensing agencies in issuing non-domiciled CDLs to individuals whose lawful presence could not be properly verified or whose licenses extended beyond their authorized stay. It limits eligibility to H-2A, H-2B, and E-2 visa holders who undergo enhanced screening as a proxy for driver history vetting. The action comes as program reviews revealed improper issuances across multiple states, according to the Federal Register.
An audit conducted by the agency reviewed 150 out of over 10,000 non-domiciled commercial driver licenses issued in Illinois and found that 29 did not comply with federal requirements. The state issued some licenses valid long after the drivers’ lawful presence in the United States had expired. Illinois also issued some licenses without first verifying the individual’s lawful presence. The findings have led to demands for corrective action to protect public safety in the state’s trucking industry, according to a briefing from the United States Department of Transportation.
The agency identified 17 fatal crashes in 2025 involving non-domiciled CDL holders who would not have been eligible under the new rule, resulting in 30 fatalities. Over 30 states issued tens of thousands of non-compliant non-domiciled CDLs, according to program reviews. The rule closes safety gaps created by the inability to access foreign driving records for proper vetting of commercial motor vehicle drivers, according to the Federal Register.
The Federal Motor Carrier Safety Administration operates within the United States Department of Transportation and is responsible for regulating and ensuring safety standards for commercial motor vehicles operating in interstate commerce. “The agency develops and enforces regulations on driver qualifications, vehicle maintenance, and hours of service to reduce crashes and fatalities on the nation’s highways,” according to its official website.
