Final FMCSA Rule Narrows Path to Non-Domiciled CDLs

New Eligibility Limits and Mandatory Foreign Driving History Checks Reshape the Landscape

By SafetyLane Magazine Editorial Staff

WASHINGTON, D.C. — The Federal Motor Carrier Safety Administration (FMCSA) is set to finalize significant regulatory changes that will sharply restrict the issuance of non-domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs).

The Final Rule, scheduled for publication in the Federal Register on February 13, 2026, represents one of the most consequential updates to non-domiciled CDL policy in recent years. The agency says the changes are designed to close what it describes as a long-standing “safety gap” in the vetting of foreign-domiciled commercial drivers operating in the United States.

The rule is expected to take effect 30 days after publication.

What Is Changing?

Under the new framework, eligibility for non-domiciled CDLs and CLPs will be limited to individuals who:

• Are foreign-domiciled, and

• Hold specific, verifiable employment-based nonimmigrant visa statuses, including:

  • H-2A (Temporary Agricultural Workers)

  • H-2B (Temporary Non-Agricultural Workers)

  • E-2 (Treaty Investors)

FMCSA states that these categories serve as a “functional proxy” for enhanced vetting due to the extensive interagency and consular screening processes already embedded in their approval.

In practical terms, this narrows the pathway to non-domiciled CDLs considerably, eliminating eligibility for foreign nationals outside of these defined visa classifications.

The Core Safety Concern: A “Bifurcated” Vetting Standard

At the heart of the rule is FMCSA’s concern over what it calls a “bifurcated standard” in driver screening.

Domestic CDL Applicants:

• Screened through the Commercial Driver’s License Information System (CDLIS)

• Checked against the Problem Driver Pointer System (PDPS)

• Subject to integrated state and federal disqualification tracking

  
  

Non-Domiciled CDL Applicants (Under Prior Framework):

• Processed without equivalent access to foreign driving history databases

• No standardized method for verifying prior serious violations abroad

• Not required to surrender their foreign driver’s license

FMCSA emphasizes that this gap creates potential blind spots. A driver could have significant traffic violations, suspensions, or disqualifying offenses in another country that would not appear in U.S. systems.

Additionally, because non-domiciled drivers are not required to relinquish their foreign licenses, their driving history abroad can continue accumulating while they operate commercially in the U.S. — effectively maintaining parallel records.

The agency views this as inconsistent with its statutory mandate to ensure the “fitness” of commercial motor vehicle (CMV) operators.

Regulatory History: A Rule That Was Stalled — Now Reaffirmed

This Final Rule builds upon an Interim Final Rule (IFR) issued in late September 2025 titled:

Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses

However, the IFR was stayed by the U.S. Court of Appeals for the D.C. Circuit pending judicial review, preventing it from taking effect.

FMCSA now states that the Final Rule:

• Reaffirms the core provisions of the 2025 IFR

• Incorporates revisions for clarity

• Addresses procedural and legal considerations raised during litigation

By moving forward with a finalized version, FMCSA signals its firm position that reform is necessary to preserve uniform safety standards.

State-Level Compliance Concerns

Another driver behind the regulatory overhaul is inconsistent state implementation.

FMCSA alleges that more than 30 states have improperly issued non-domiciled CDLs under the existing regulatory structure. While details vary by jurisdiction, the agency indicates that some states applied eligibility criteria more broadly than intended.

The new rule seeks to:

• Standardize issuance criteria nationwide

• Eliminate interpretive inconsistencies

• Reinforce federal oversight of state CDL programs

This action aligns with FMCSA’s broader compliance enforcement efforts, including increased scrutiny of state CDL issuance practices and third-party testing programs.

What This Means for Carriers and Safety Departments

For motor carriers, safety directors, and compliance professionals, this rule carries immediate operational implications:

1. Workforce Planning Impacts

Companies relying on non-domiciled CDL holders outside the H-2A, H-2B, or E-2 categories may see:

• Reduced applicant pools

• Delays in credential issuance

• Increased documentation requirements

2. Enhanced Due Diligence

Even within qualifying visa categories, employers should expect:

• More rigorous federal verification

• Increased scrutiny of immigration status documentation

• Potential processing delays during the transition period

3. Risk Mitigation Considerations

Safety departments should:

• Audit current non-domiciled CDL holders in their fleet

• Confirm visa classifications

• Monitor state DMV guidance as implementation approaches

• Prepare contingency hiring strategies

Broader Industry Context

The trucking industry continues to face persistent driver shortages, insurance cost pressures, and rising regulatory scrutiny. This rule intersects with all three dynamics:

• Safety advocates will view the move as strengthening oversight and eliminating gaps in driver history visibility.

• Industry stakeholders may raise concerns about workforce constraints and administrative burden.

• States will face tighter compliance expectations and potential federal enforcement if misaligned with the updated rule.

The rule also underscores a broader trend within FMCSA: moving toward tighter integration of credentialing, vetting, and cross-system accountability.

A Shift Toward Uniform Screening Standards

Ultimately, FMCSA frames this Final Rule as a matter of regulatory consistency.

By limiting eligibility to visa categories that already undergo enhanced federal screening and by emphasizing “rigorous checks of foreign driving history,” the agency seeks to align non-domiciled CDL issuance with the same core safety principles applied to domestic drivers.

Whether the rule withstands further legal challenges remains to be seen. What is clear, however, is that the path to obtaining a non-domiciled CDL in the United States is about to become significantly narrower — and more heavily scrutinized.

SafetyLane Insight

We reached out to the specialists at CellEx Consulting Group for their perspective on the impact of this new rule. Their position is clear: "Carriers should not view this development as a standalone regulatory adjustment, but rather as part of a broader pattern of tightening compliance expectations across the industry."

According to the firm, companies should take proactive measures, including:

• Conducting a thorough review of driver qualification files

• Verifying the accuracy and validity of immigration documentation

• Preparing internal compliance briefings for management and HR teams

• Consulting with legal and immigration professionals when appropriate

  
  

CellEx experts emphasize that regulatory actions of this scale rarely occur in isolation. More often, they signal the direction of future enforcement priorities and increased oversight in the months and years ahead.

As always, safety is not simply a regulatory requirement — it is a business survival strategy.

For compliance guidance or fleet audits, contact CellEx Consulting Group at 224-404-6114.