News & Insights

Contractors may recall that FMCSA published an interim final rule regarding non-domiciled CDLs on September 29, 2025. The interim final rule was temporarily paused by the United Sates Court of Appeals for the District of Columbia Circuit on November 10, 2025. Three days later, the same court granted an emergency motion for a stay pending appeal. FMCSA subsequently conducted formal notice-and-comment rulemaking. After receiving and reviewing comments, FMCSA published a final rule on non-domiciled CDLs on February 13, 2026.

FMCSA’s final rule on non-domiciled CDLs remains effectively unchanged from the interim final rule published earlier this fall. Previously, foreign domiciled applicants for a CDL would only need to possess a valid employment authorization document (“EAD”), also known as a work permit or present an unexpired foreign passport accompanied by an I-94 arrival/departure form. The non-domiciled final rule is much more restrictive, limiting non-domiciled CDL eligibility to only those that possess certain non-immigrant visas – specifically, the H-2A for temporary agricultural workers, H-2B for non-agricultural workers, and E-2 for treaty investors. By limiting eligibility criteria to these visas, FMCSA is able to ensure that the applicants undergo a more intensive driver history check that state drivers licensing agencies are incapable of performing. Ultimately, this furthers FMCSA’s goal of maintaining safety on the roadway.

Drivers who currently possess a non-domiciled CDL are ineligible to renew the CDL unless they meet the eligibility criteria above. Accordingly, transportation providers are encouraged to review driver qualification files and review all immigration documentation to better prepare for any disruptions that the non-domiciled rule may cause.

The final rule goes into effect on March 16, 2026. As of today, a number of states, including Pennsylvania, have already paused all issuance, renewals, and transfers of non-domiciled CDLs while they review their program. Other states are still issuing non-domiciled CDLs; however, issuance will be restricted when the final rule takes place. It is worth mentioning that a few lawsuits have already been filed against FMCSA, seeking to delay implementation of the final rule. It is estimated that approximately 5% of CDL holders hold a non-domiciled CDL. It is possible that school transportation feel the aftershocks from implementation of this rule, and so contractors should keep an eye on the news for any changes. If you have employees with a non-domiciled CDL and have questions about this rule, please contact help@rckelly.com or call us at 215-896-3846.