New federal rule tightens CDL eligibility for non-US citizens, threatening thousands of licenses

The Federal Motor Carrier Safety Administration (FMCSA) has implemented a new rule that significantly restricts which non‑U.S. citizens are eligible to obtain a Commercial Driver’s License (CDL).

The regulation, which took effect March 16, introduces stricter vetting requirements for non‑domiciled applicants, who are individuals who reside temporarily in the United States but maintain permanent residence abroad.

Under the new rule, only individuals holding H‑2A, H‑2B or E‑2 visas may apply for a CDL. Previously, an Employment Authorization Document (EAD), commonly known as a work permit, was sufficient for non‑citizens seeking to obtain the license. FMCSA said the updated requirements are intended to close a safety loophole and strengthen the integrity of the CDL system.

According to FMCSA, there are about 200,000 current commercial drivers who no longer meet the updated eligibility standards.

John Esparza, President of the Texas Trucking Association, said the rule will prevent fraudulent licenses and ensure that all commercial drivers meet proper training and qualification standards.

“This isn't an immigration issue when it comes to highway safety,” Esparza said. This is about who is qualified to be behind the wheel of a truck. What training they've ascertained, what process they went through to get that CDL, if at all. And what we know and what we've known for some time over the last several years, especially, is that there has been abuse in the issuance of that process.”

The rule change comes after an executive order signed by President Donald Trump last year, requiring commercial truck drivers to be proficient in English. The order reinforces an existing federal law that requires English-language proficiency for any commercial drivers. 

Delbert Crawford, owner of Changing Lanes CDL School, said this added measure could reduce the number of new drivers entering the industry.

"It's both good and bad. The people who have immigration status they will no longer be allowed to be able to, get a CDL,” Crawford said. “We will see less people, but we will see people who, number one can speak English, because that is being enforced now.”

Immigration attorneys, however, said that the rule could cause significant disruption for drivers who rely on commercial driving for their livelihood. Austin attorney Vi Nanthaveth said this could lead to fear and confusion.

“With anything, when it comes to new rules that get implemented, this is usually the first thing that happens is panic, and people are very afraid as to how it's going to affect them,” Nanthaveth said. “And of course, when it comes to possibly losing your job, that's a whole life interruption."

Nanthaveth said that although litigation challenging the rule is ongoing, the regulation remains in effect. Federal officials have instructed all states to pause the issuance of non‑domiciled CDLs and have asked governors to conduct audits of their CDL programs to ensure compliance.

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