U.S. Department of Transportation has issued a final rule restricting eligibility for non-domiciled Commercial Driver’s Licenses (CDLs), tightening documentation and immigration status verification requirements.

According to the announcement from Transportation Secretary Sean P. Duffy, the rule is intended to address safety concerns involving drivers whose prior driving history could not be verified through existing state and federal systems. The rule will take effect 30 days after publication in the Federal Register.

The Federal Motor Carrier Safety Administration (FMCSA) will oversee implementation and compliance enforcement.

Why This Matters to Carriers

Under prior procedures, some State Driver’s Licensing Agencies (SDLAs) accepted Employment Authorization Documents (EADs) as proof of eligibility for non-domiciled CDLs. However, states do not have direct access to foreign driving history databases, which created a verification gap.

The final rule aims to close that gap by:

• Limiting eligibility to specific visa categories
• Eliminating EADs as proof of eligibility
• Requiring immigration status verification through the SAVE system
• Strengthening documentation standards at the SDLA level

FMCSA cited multiple fatal crashes in 2025 involving non-domiciled CDL holders as part of the justification for regulatory reform.

Key Provisions of the Final Rule

1. Strict Eligibility Standards

Eligibility is now limited to individuals holding:

• H-2A status
• H-2B status
• E-2 nonimmigrant status

These classifications involve enhanced interagency vetting.

2. Elimination of EADs

Employment Authorization Documents (EADs) will no longer be accepted as standalone proof of eligibility for a non-domiciled CDL.

Applicants must now present:

• An unexpired foreign passport
• Valid Form I-94 documentation

3. Mandatory SAVE Verification

All State Driver’s Licensing Agencies must verify lawful immigration status through the federal SAVE system before issuing a CDL.

If lawful status cannot be confirmed, a CDL may not be issued.

What This Means for Pennsylvania Carriers

For fleets in Pennsylvania:

• Review hiring policies involving non-domiciled CDL holders.
• Confirm documentation requirements with PennDOT before onboarding new drivers.
• Audit driver qualification files for immigration documentation consistency.
• Ensure compliance with existing English Language Proficiency (ELP) standards under 49 CFR § 391.11(b)(2).

This rule does not change the underlying FMCSA driver qualification standards — it changes eligibility and verification procedures at the state licensing level.

Carriers remain responsible for:

• DQ file completeness
• Clearinghouse checks
• Medical certification compliance
• Road test documentation
• Ongoing monitoring

As always, documentation remains your strongest defense.

Broader Context

The announcement follows:

• A nationwide audit of states issuing non-domiciled CDLs
• Updated English Language Proficiency enforcement guidance
• Executive action designating English as the official language of the United States

The stated goal: ensuring that only fully vetted and verifiable drivers operate commercial motor vehicles on U.S. roadways.

Risk Management Takeaway

Whether your fleet employs non-domiciled drivers or not, this rule reinforces a core safety principle:

If a driver’s qualification history cannot be verified, risk exposure increases — operationally and legally.

This is an opportunity for carriers to:

• Re-evaluate internal vetting processes
• Strengthen onboarding procedures
• Document compliance defensibly

Because when an audit happens — or worse, a crash — “we thought it was fine” will never be

Make it Safe. Make it Personal. Make it Home.