FMCSA changes rules for non-domiciled CDL: what's happening and why it matters for drivers

The Federal Motor Carrier Safety Administration (FMCSA) at the end of September 2025 introduced an emergency rule significantly changing the issuance process for non-domiciled commercial driver's licenses (Non-Domiciled CDL). The regulator states that the goal of the changes is to 'restore the integrity of the CDL system and enhance road safety in the US.'

Now FMCSA is seeking public opinion, and this is a rare opportunity for drivers, carriers, and training centers to directly influence the final version of the rule.

A Non-domiciled CDL is a commercial driver's license issued to drivers who do not have a permanent residence in the state but are legally present and working in the US.

According to the Interim Final Rule, effective September 29, 2025, FMCSA:

• sharply narrowed the list of immigration statuses eligible for obtaining or renewing a non-domiciled CDL;
• focused on temporary work visas (e.g., H-2A, H-2B, E-2);
• excluded several categories that were previously allowed at the state level.

Officially, the agency stated that it identified 'systemic violations' in the operations of state licensing agencies and non-compliance with federal requirements. In the FMCSA press release dated September 29, 2025, it states:

'This rule is necessary to protect road users and restore confidence in the commercial driver's license issuance process.'

Source: FMCSA — Interim Final Rule

The industry's reaction has been extremely polarized. According to professional media and public comments:

• thousands of drivers risk losing the right to work despite having valid work permits and clean driving records;
• carriers fear an additional shortage of personnel;
• human rights organizations consider the rule overly strict and adopted without sufficient public discussion.

Critics also point to the decision-making format: FMCSA used an emergency procedure, implementing the rule before completing the standard comment process.

Already in November 2025, the rule became the subject of legal proceedings. A federal appeals court temporarily suspended its application, allowing states to continue issuing non-domiciled CDL under the previous rules until further notice.

The full text of the regulatory document is published in the Federal Register:
Federal Register — Restoring Integrity to the Issuance of Non-Domiciled CDLs

FMCSA has officially opened the public comment period. All feedback is accepted through the federal regulation portal, and the agency is required to consider them before making a final decision.

The regulator emphasizes that it is interested in the practical consequences of the rule — its impact on safety, the labor market, and the work of states. Comments can be submitted in the relevant docket:
Regulations.gov — Docket FMCSA-2025-0622

The story with non-domiciled CDL is not just a legal dispute. It is about balancing safety and access to the profession in an industry that has been living with an unstable labor market for several years.

The final decision by FMCSA could:

• change hiring rules for drivers for hundreds of companies;
• affect transportation costs;
• set a new direction for federal policy regarding immigrant drivers.

In the coming months, public reaction and court decisions will determine whether the emergency rule becomes permanent or is revised.