FMCSA’s Interim Final Rule on Non-Domiciled Commercial Driver’s License Holders

On September 26, 2025, the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT), issued an Interim Final Rule (IFR) amending the federal regulations for State Driver’s Licensing Agencies (SDLAs) regarding the issuance of commercial driving licenses (CDLs) and  commercial learner’s permits (CLPs) to foreign-domiciled individuals. Read the full  Interim Final Rule (IFR) here. 

Here’s what you need to know:

• Effective date: The IFR is effective as of September 29, 2025.

• Background: The Rule aims to address widespread non-compliance among states with the CDL program outlined 49 CFR parts 383 and 384 and to enhance highway safety. FMCSA recently found that about one in four non-domiciled CDLs failed to meet federal requirements. Since the start of 2025, at least five fatal crashes involved non-domiciled CDL holders. In two cases, drivers were improperly issued a CDL; in the other three,  the drivers’ CDLs were valid at the time of issuance, but would not meet the new standards under the IFR. 

• Overview of the IFR: The IFR restricts eligibility for non-domiciled CLPs and CDLs to individuals with specific lawful immigration statuses—H-2A, H-2B, or E-2. In addition, the rule includes the following requirements: 

  • 1. Proof of Status: Non-citizen applicants must present an unexpired foreign passport and an unexpired Form I-94/I-94A showing one of the eligible employment-based nonimmigrant statuses.  

  • 2. Immigration Status Verification: SDLAs must confirm the applicant’s immigration status using the Systematic Alien Verification for Entitlements (SAVE) system.

  • 3. Document Retention: SDLAs are required to retain copies of all application documents for at least two years.

  • 4.Permit/License Expiration Limits: The expiration date of any non-domiciled CLP or CDL must match the expiration date on the applicant’s I-94, or be one year, whichever is sooner.

  • 5. In-Person Renewals: All renewals must be completed in person.

  • 6. Downgrade Requirement: SDLAs must downgrade a non-domiciled CLP or CDL if the holder becomes ineligible to maintain that status.

• Exemptions for Mexican and Canadian CDL Holders:  CDLs issued by Canada and Mexico are not affected by this rule. FMCSA determined that CDLs issued by Canadian provinces and territories in compliance with the Canadian National Safety Code, and Licencias Federales de Conductor issued by Mexico meet the standards outlined in 49 CFR Part 383. 

If you currently employ CDL drivers that are not domiciled in Mexico or Canada, compliance with the IFR is critical. Please do not hesitate to reach out to hello@sesolabor.com to discuss your options.