Foreign Truckers Need Visas for U.S. CDLs Starting March
Published Date: 2/13/2026
Rule
Summary
Starting March 16, 2026, only foreign drivers with certain verified work visas can get commercial driver’s licenses (CDLs) in the U.S. This change helps make sure all commercial drivers are properly checked and safe on the road. It affects non-U.S. residents applying for CDLs and aims to close safety gaps without adding big costs.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
Who Can Get a Non‑Domiciled CDL
Starting March 16, 2026, only foreign‑domiciled applicants in specific employment‑based nonimmigrant statuses (H‑2A, H‑2B, and E‑2), certain individuals domiciled in a U.S. territory, and individuals from States whose CDL programs are decertified may be issued non‑domiciled CLPs or CDLs. The agency says more than 30 States previously issued tens of thousands of non‑domiciled CDLs contrary to Federal regulations.
Rule Intended to Prevent Fatal Crashes
FMCSA reports it identified 17 fatal crashes in 2025 caused by non‑domiciled CDL holders who would be ineligible under this rule; those crashes resulted in 30 fatalities. The agency says no reviewed crashes were caused by non‑domiciled CDL holders who would remain eligible under the revised rules.
Passport and I‑94 Required Each Time
At every issuance, transfer, renewal, and upgrade of a non‑domiciled CLP or CDL, non‑citizen applicants (except lawful permanent residents) must provide an unexpired foreign passport and an unexpired Form I‑94/I‑94A showing the specified employment‑based nonimmigrant status. The rule makes this a recurring requirement for each transaction.
States Must Verify Status and Keep Records
State Driver's Licensing Agencies must query the SAVE system to confirm an applicant's claim to lawful immigration status, retain copies of the application documents for no less than two years, and set the non‑domiciled CLP or CDL expiration to match the Form I‑94/I‑94A or one year, whichever is sooner.
EAD/DACA Framework Replaced with Bright‑Line Standard
The final rule replaces the prior, more complex framework that allowed issuance based on Employment Authorization Documents (EADs) or DACA indicators with a bright‑line standard requiring an unexpired foreign passport and an I‑94 showing specified employment‑based nonimmigrant status. FMCSA rescinds the 2023 guidance that permitted some EAD‑based issuance.
In‑Person Renewals and Downgrade Rule
The rule requires the applicant to be present in person for each renewal of a non‑domiciled CLP or CDL, and it requires State agencies to downgrade a non‑domiciled CLP or CDL if the State becomes aware the holder is no longer eligible.
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Key Dates
Department and Agencies
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