FMCSA has finalized a rule that sharply changes who can qualify for a non-domiciled commercial learner’s permit (CLP) or commercial driver’s license (CDL) in the United States.
The rule takes effect March 16, 2026, and it largely reaffirms an interim rule issued in late 2025. The stated goal is to close what the agency calls a safety gap in the CDL system and stop states from issuing non-domiciled CDLs when a driver’s safety fitness and driving history cannot be verified to an equivalent standard.
Non-domiciled CDLs are issued to drivers who are not domiciled in the state issuing the credential. In practice, this often involves foreign-domiciled individuals who are legally present and working in the U.S.
FMCSA argues that states have not been able to verify foreign driving history at a level comparable to U.S.-domiciled applicants, and that document-based eligibility checks have become inconsistent across states.
The final rule tightens eligibility and verification requirements in several ways.
First, it limits eligibility for non-domiciled CLPs and CDLs to specific employment-based nonimmigrant categories that the agency says can be more reliably vetted.
Second, the rule ends the use of Employment Authorization Documents (EADs) as proof of eligibility for a non-domiciled CDL. Instead, applicants must present an unexpired foreign passport along with specific Form I-94 documentation.
Third, states must verify lawful status through the SAVE system as part of the issuance process.
FMCSA also sets a hard ceiling on how long a non-domiciled CLP or CDL can be valid.
Under the final rule, a state must ensure the credential’s validity does not exceed the applicant’s I-94 “admit until” date or one year, whichever comes first. Even if an I-94 has no end date or is marked “D/S,” the credential still cannot be issued for longer than one year.
Renewals are also tightened. The final rule requires non-domiciled CDL holders to renew in person every year, replacing practices in some states where renewals could occur online or by mail and where validity periods sometimes extended far longer.
The rule increases what state driver licensing agencies must retain and produce during audits.
States must keep copies of key identification documents used in the non-domiciled application process and a copy of the SAVE query. If FMCSA requests those materials, the state must be able to provide them within 48 hours.
Because this policy affects licensing access and workforce supply, legal challenges and implementation disputes are likely. The practical impact for trucking will depend on how consistently states implement the new standards and how quickly affected drivers cycle into renewal.
For carriers and drivers, the real inflection point will be renewals. As licenses expire under old terms, the new eligibility rules and annual in-person renewal requirement will determine who can stay in the market.
Do you expect this to improve safety, or mainly reduce capacity?
Should states be allowed any flexibility on renewals, or is in-person the only workable fix?
If you’ve seen problems with non-domiciled CDLs in your area, what did it look like in the real world?
