New Federal Rule Limits Commercial Driver's Licenses for Many Foreign Workers

In March 2026, the U.S. Department of Transportation (DOT), through the FMCSA, amended its rules surrounding the issuance of CDLs to restrict eligibility for non-domiciled individuals.  

Within the realm of international labor and global mobility, the new rule creates significant restrictions for the employees of U.S. entities. It only permits foreign-domiciled individuals to apply for non-domiciled Commercial Learner's Permits (CLPs) and CDLs if they hold “specific, verifiable employment-based nonimmigrant status,” defined as:  

• H-2A (Temporary Agricultural Workers) 
• H-2B (Temporary Non-Agricultural Workers 
• E-2 (Treaty Investors) nonimmigrant status holders 

Further, the update mandates the possession of an unexpired foreign passport and an I-94 record corresponding to one of the specified categories. In practice, this deprives many non-citizens, including holders of valid TN visas or Employment Authorization Documents (EADs), of the ability to engage in employment that involves the operation of a commercial vehicle, impacting roles ranging from commercial truck operators to school bus drivers. 

For now, employees who possess valid work authorization and a CDL may not be eligible for a renewal of such license absent an overturning of the modified rules or an expansion of the specified nonimmigrant categories. This new rule is being challenged in federal court in the matter of Rivera Lujan v. FMCSA, but most states have already altered their CDL renewal processes or have begun revoking CDLs for nonimmigrants not in H-2A, H-2B, or E-2 status, resulting in immediate consequences for U.S. employers. Looking ahead, Rivera Lujan v. FMCSA, which is scheduled to be decided in September, will determine whether an estimated 200,000 drivers remain eligible to hold CDLs, potentially resulting in significant supply chain disruptions. 

Employers should review positions requiring a CDL in connection with the nonimmigrant visa status of active and prospective employees. Employers should also confirm licenses have not been revoked given the implementation of the DOT’s updated licensure framework. 

Tieranny Cutler contributed to this alert.