New Federal Rule Impacts CDL Eligibility for Nonimmigrant Workers

On September 29, 2025, the U.S. Department of Transportation (DOT) issued an interim final rule aimed at tightening the federal oversight of how states issue Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs).

The new rule, effective immediately, was introduced after a review by the Federal Motor Carrier Safety Administration (FMCSA) found inconsistencies and errors in how some states issued CDLs to non-U.S. citizens authorized to work temporarily in the country. According to the FMCSA, these inconsistencies included programming errors, insufficient staff training, and licenses issued with expiration dates that extended beyond a worker’s authorized stay in the U.S.

Key Changes for Nonimmigrant Drivers

Under the interim rule, eligibility for CDLs and CLPs is now limited to specific nonimmigrant categories tied to employment.

Here’s what applicants and employers should know:

• Only individuals in lawful employment-based nonimmigrant status, such as H-1B, L-1, O-1, and E-2, are now eligible to apply.
• Holders of Employment Authorization Documents (EADs), including asylum seekers, DACA recipients, TPS beneficiaries, and those with pending adjustment of status applications, are no longer eligible for CDLs or CLPs.
• Applicants must present an unexpired foreign passport and a valid Form I-94 or I-94A showing admission in an approved employment-based visa category (e.g., H-2A, H-2B, E-2).
• The license expiration date must align with the expiration of the I-94, or expire within one year, whichever comes first.
• States are also required to use the Systematic Alien Verification for Entitlements (SAVE) system to confirm each applicant’s immigration status before issuing or renewing a CDL or CLP.

During this transition, states must pause issuance or renewal of non-domiciled CDLs and CLPs until they can comply with the new requirements.

Employer Considerations

Employers that rely on foreign national drivers should take steps to verify their employees’ credentials and immigration status under the new rule. Current drivers must be able to present valid immigration documents confirming eligibility.

If a driver’s authorization is based solely on an EAD, employers should reverify work authorization using alternative documentation. Importantly, these steps should be kept separate from hiring or I-9 verification processes to avoid potential discrimination or document abuse concerns.

Employers should also expect temporary delays in CDL processing and renewals as states update their verification systems.

Next Steps

The FMCSA and the Department of Homeland Security (DHS) are expected to issue additional implementation guidance over the coming weeks. Public comments on the interim final rule are due by November 28, 2025.

At Zhang-Louie PLLC, we closely monitor regulatory changes that affect employment-based immigration. Whether your workforce includes drivers on H-1B or L-1 visas, or your company is navigating compliance challenges under new federal rules, our team is here to help you stay informed and compliant. Our goal is to help businesses and professionals respond effectively to these evolving regulations while maintaining full compliance with immigration and employment law.