WASHINGTON — The Federal Motor Carrier Safety Administration has finalized a major overhaul of non-domiciled commercial driver’s license regulations, cementing the core framework of its 2025 Interim Final Rule (IFR) while making targeted adjustments aimed at smoother implementation.

The final rule, scheduled to take effect 30 days after publication in the Federal Register (expected Friday), preserves the most stringent elements of the earlier rule, which significantly narrowed eligibility for non-domiciled CDLs.

Key provisions include:

  • Tightened eligibility requirements: Non-domiciled CDLs are now limited to drivers holding H-2A, H-2B, or E-2 nonimmigrant status, all of whom are subject to enhanced interagency vetting.
  • Removal of Employment Authorization Documents: Employment Authorization Documents (EADs) are no longer accepted due to widespread noncompliance issues at state driver’s licensing agencies. Applicants must instead present an unexpired foreign passport along with specific Form I-94 documentation.
  • Mandatory immigration verification: States are required to verify every applicant’s lawful status through the Systematic Alien Verification for Entitlements (SAVE) system.

While the IFR took effect immediately in 2025—triggering a federal court stay—the finalized rule adopts a standard 30-day rollout period, giving states time to complete procedural updates.

Revised outlook stretches impact over five years

FMCSA also revised its economic and workforce projections after auditing thousands of credentials. The agency found that most valid non-domiciled CDLs carry five-year terms, not the two-year duration originally assumed.

As a result, the agency now anticipates a gradual attrition rather than a sudden loss of capacity. Industry estimates point to roughly 40,000 drivers exiting annually over the next five years as credentials expire. Of the approximately 200,000 drivers affected overall, only about 6,000 per year are expected to requalify under the limited H-2A, H-2B, and E-2 visa categories.

FMCSA maintains that the extended timeline gives carriers sufficient runway to adjust hiring strategies and that existing excess capacity should help absorb the reductions.

“A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles,” said FMCSA Administrator Derek Barrs. “We are closing that gap to ensure that only qualified, vetted drivers are operating on our nation’s roadways. If we cannot verify your safe driving history, you cannot hold a CDL in this country.”

Industry support from owner-operators

The Owner-Operator Independent Drivers Association, which has long advocated for stricter controls on non-domiciled CDLs, praised the final rule.

“For too long, loopholes in this system have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk,” said OOIDA President Todd Spencer. “This final rule is a major step toward safer roads, stronger accountability, and a more professional trucking industry.”

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