Update: After the publication of the material, a service notice appeared on the official NJMVC website, stating that New Jersey is forced to cease issuing and renewing non-domiciled CLP and CDL “until further notice” due to a federal decision affecting New Jersey and other states.
At the beginning of 2026, the state of New Jersey resumed issuing non-domiciled CDL. This decision was an important signal for thousands of drivers and transport companies who had been in a state of uncertainty for several months following federal intervention by the FMCSA. We explore what exactly happened, why New Jersey took this step, and what risks still remain.
In the fall of 2025, the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) announced strict measures regarding non-domiciled CDL. The reason was the results of a federal audit that revealed violations in several states, as well as concerns about road safety.
The FMCSA issued a temporary emergency rule that effectively forced many states to suspend the issuance of non-domiciled CDL until the situation was clarified. However, in November 2025, the D.C. Circuit Court of Appeals temporarily suspended the rule, putting it “on hold” until the end of the litigation. We wrote about the regulator's position earlier.
After the court's decision, states were able to return to previous rules — provided they are not under an individual corrective plan by the FMCSA. In January 2026, it became known that New Jersey resumed issuing non-domiciled CDL.
A representative of the New Jersey Motor Vehicle Commission (NJMVC) confirmed this in a comment to an industry publication, noting that the state “issues commercial licenses in full compliance with federal and state laws and regulations.” This was reported by Overdrive: New Jersey resumes non-domiciled CDL issuance.
It is important to note: NJMVC did not release a separate loud press release for the general public. However, the state's official forms and procedures still include a path for obtaining non-domiciled CLP and CDL for drivers who are not U.S. citizens or permanent residents.
Non-domiciled CDL is intended for drivers who have the legal right to be and work in the U.S. but are not considered “domiciled” in a specific state under standard conditions. In New Jersey, this mechanism has long existed and is used, among other things, by immigrant drivers with temporary status.
The official NJMVC documentation explicitly states the possibility of obtaining a non-domiciled commercial learner's permit (CLP), which indirectly confirms the current process of issuing such documents: Form BA-208C NJMVC.
Despite the resumption of issuance, the current situation is far from final clarity. There are several factors that drivers and carriers should consider:
- The litigation over the federal FMCSA rule continues. The temporary suspension does not mean cancellation — in the future, the regulator may tighten the requirements again.
- The FMCSA emphasizes that states under corrective plans are obliged to comply with them regardless of the court's decision. If New Jersey's status changes, the rules may be revised again.
- Federal agencies openly state that they will pay increased attention to compliance checks, audits, and safety issues related to non-domiciled CDL.
For drivers, this means that at the moment, applying for a non-domiciled CDL in New Jersey is possible again. However, it is important to approach the process with maximum caution: carefully prepare documents, monitor the validity periods of status, and consider possible rule changes. And even if you obtain a non-domiciled CDL in New Jersey, you may face issues outside the state if you are stopped.
For transport companies, the resumption of issuance reduces staffing pressure but does not eliminate risks. Verifying the legitimacy of documents, medical certificates, and driver status remains critically important. In the context of increased attention from the FMCSA, mistakes can result in fines or compliance issues.
The resumption of non-domiciled CDL issuance in New Jersey is positive news for immigrants who want to obtain a CDL, but it does not mean a complete return to previous stability. Federal regulation is still in motion, and the rules can change quite quickly.
If you are a driver or business owner in the freight industry, it is worth considering the current situation as a “window of opportunity” rather than a long-term guarantee. Keeping up with regulator updates and the official position of the NJMVC is more important now than ever.