WASHINGTON, D.C. — Federal trucking regulators are set to finalize major changes to how non-domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs) are issued, tightening eligibility requirements and aiming to close what the agency calls a long-standing safety gap in driver vetting.

In a Final Rule scheduled for publication in the Federal Register on February 13, 2026, the Federal Motor Carrier Safety Administration (FMCSA) says it will update federal regulations to limit non-domiciled CDL/CLP issuance to foreign-domiciled individuals who hold specific, verifiable employment-based nonimmigrant status — a move intended to ensure applicants have undergone enhanced federal screening.

Who would still qualify under the new rule

FMCSA says eligibility will be limited to H-2A, H-2B, and E-2 nonimmigrant status holders. The agency believes these categories provide a “functional proxy” for driver history vetting because of the enhanced consular vetting and interagency screening involved.

The Final Rule is expected to take effect 30 days after publication in the Federal Register.

Why FMCSA says it’s making the change

FMCSA says it identified a “bifurcated standard” in how drivers are vetted. Domestic CDL applicants are screened through systems like CDLIS and the Problem Driver Pointer System (PDPS), while non-domiciled applicants were previously processed without equivalent access to foreign driving history — potentially leaving serious prior violations outside the reach of U.S. databases.

FMCSA also noted that non-domiciled drivers are not required to surrender their foreign license when obtaining a non-domiciled CDL, meaning foreign driving history can be both historical and ongoing while a driver operates in the U.S.

Background: builds on a 2025 rule that was held up in court

The Final Rule follows an FMCSA interim final rule (IFR) issued in late September 2025 under the title Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses. That IFR was later stayed by the U.S. Court of Appeals for the D.C. Circuit pending review, preventing it from taking effect.

FMCSA says this Final Rule reaffirms the core changes from the IFR, with additional revisions for clarity.

State compliance concerns

FMCSA also pointed to broader concerns with how non-domiciled CDLs have been handled nationwide, alleging that more than 30 states have improperly issued non-domiciled credentials under the existing framework.

The agency said it is acting to align non-domiciled CDL issuance with its mandate to ensure the “fitness” of commercial motor vehicle operators and to standardize safety screening expectations across the board.

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