FMCSA Tightens Rules for Non-Domiciled CDL: What's Happening and Who Will Be Affected

At the end of September 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency interim rule (Interim Final Rule) that drastically changes the requirements for so-called non-domiciled CDL — commercial driver's licenses issued to drivers without a permanent residence in the U.S. The decision has already caused a wide resonance in the industry and could affect up to 200,000 drivers.

Non-domiciled CDL are CDLs issued to foreign nationals legally residing in the U.S. but not having permanent resident status. Formally, such licenses have existed for a long time, but the FMCSA stated that during inspections, it identified "systemic issues" in the practice of issuing them at the state level.

In the official document, the regulator noted that different states interpret federal law requirements differently, and in some cases, licenses were valid longer than the driver's legal stay in the country. A detailed description of the rules and FMCSA's reasoning is contained in the publication in the Federal Register: Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses.

According to the Interim Final Rule, FMCSA:

• significantly reduced the list of immigration statuses eligible for obtaining a non-domiciled CDL;
• required states to strictly tie the validity of the CDL to the driver's legal stay in the U.S.;
• strengthened requirements for document verification through federal verification systems.

Agency representatives stated that the goal of the changes is to "restore the integrity of the system and ensure uniform safety standards on the roads." As one FMCSA official noted, "a commercial driver's license should not be valid longer than a person's legal right to be and work in the country."

According to industry media estimates, the new rules could potentially remove nearly 200,000 drivers from the labor market if they do not meet the updated requirements. This was detailed by Overdrive, a publication specializing in trucking industry regulations: FMCSA to force nearly 200K nondomiciled CDL holders out of trucking.

For the market, this means a possible reduction in the labor supply, especially in the long-haul segment, where the share of non-domiciled drivers is historically higher.

The FMCSA's decision has sparked mixed reactions. Some industry organizations supported the tightening of control, citing safety and fair play. Others, on the contrary, pointed to the risk of a labor shortage and economic consequences.

The situation was further complicated when, in November 2025, a federal court temporarily suspended the emergency rule, deeming it necessary to thoroughly review the grounds for its immediate implementation. An analysis of the consequences and expert comments on this were published by FreightWaves: FMCSA issues emergency rule restricting non-domiciled CDLs.

As of early 2026, the situation remains uncertain. Formally, the emergency rule is adopted, but its application is limited by court decisions and discrepancies at the state level. Nevertheless, carriers are already advised to check the status of drivers with non-domiciled CDL and monitor the validity of documents.

For the drivers themselves, this is a signal that the requirements will become stricter, and compliance with immigration status will be a key factor for continuing to work in the American trucking industry.

The FMCSA's emergency rule on non-domiciled CDL is one of the most significant regulatory events in the industry in recent years. Even if its final form is changed by the courts or revised, the overall direction is clear: the federal regulator intends to more strictly control who and under what conditions receives the right to operate commercial transport in the U.S.