FMCSA issues Final Rule requiring ‘rigorous driver history checks’ for non-domiciled CDLs
The Federal Motor Carrier Safety Administration (FMCSA) will issue a Final Rule codifying tighter vetting requirements for applicants seeking a non-domiciled Commercial Driver’s License (CDL).
In a Final Rule to be published in the Federal Register on February 13, 2026, FMCSA announced that federal regulations will be updated to limit the issuance of CDLs and Commercial Learner’s Permits (CLPs) to foreign-domiciled individuals who hold a specific, verifiable employment-based nonimmigrant status in order to ensure that the driver has undergone more rigorous interagency screening at a federal level.
The rule will significantly limit the number of individuals who are eligible for a non-domiciled CDL or CLP. Only H-2A, H-2B, and E-2 nonimmigrant status holders who have undergone federal screening will be eligible under the new rule.
The Final Rule will go into effect 30 days after publication in the Federal Register.
FMCSA Action Builds On September Rule Held Up In Court
The move codifies with minor revisions an FMCSA emergency interim final rule (IFR) issued in late September 2025 dubbed Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses. In November 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued a stay pending review of the IFR that prevented it from taking effect.
“In reaffirming the changes made in the IFR and making some revisions for clarity, this final rule closes a critical safety gap in the Nation’s commercial drivers licensing system that has manifested in two ways: (1) the issuance of licenses to individuals whose safety fitness cannot be adequately verified by State Driver’s Licensing Agencies (SDLAs); and (2) the reliance on Employment Authorization Documents (EAD) to demonstrate eligibility for a non-domiciled CDL, which has proven administratively unworkable and resulted in widespread regulatory non-compliance,” the agency said.
FMCSA Points To Double Standard In Driver Vetting
From FMCSA:
“…the agency identified an unacceptable bifurcated standard in driver vetting. While domestic CDL applicants face rigorous driver history checks through the Commercial Driver’s License Information System (CDLIS) and the Problem Driver Pointer System (PDPS), non-domiciled applicants were previously processed without equivalent checks on their foreign driving history. This effectively shielded unsafe driving behaviors—including serious violations or fatal crashes—simply because they occurred outside the reach of U.S. databases.
It is important to recognize that a non-domiciled driver’s foreign driving record is not only historical, but also concurrent, as the driver is not required to surrender their foreign license to obtain a non-domiciled CDL and may be driving in another country during the same time period in which they hold a non-domiciled CDL. In this case, the SDLA does not have access to either the historical or the concurrent information.
To close this loophole and fulfill FMCSA’s statutory mandate to ensure the safety fitness of CMV drivers, this rule establishes eligibility criteria for foreign-domiciled drivers seeking non-domiciled CDLs. Following consultation with the U.S. Department of State and the U.S. Department of Homeland Security, eligibility is limited to nonimmigrant status holders who undergo enhanced consular vetting and interagency screening which serves as a functional proxy for driver history vetting by the SDLAs.
By limiting eligibility to the nonimmigrant status holders identified through consultation with the U.S. Department of State, H-2A (Temporary Agricultural Workers), H-2B (Temporary Non-Agricultural Workers), and E-2 (Treaty Investors) nonimmigrant status holders, FMCSA ensures that non-domiciled drivers undergo rigorous driver history checks that SDLAs, who lack access to this critical information, are incapable of performing independently. This ensures all drivers on U.S. roadways satisfy a comparable standard of background and driver history vetting, consistent with FMCSA’s statutory mandate to ensure the fitness of CMV operators.“
FMCSA pointed to 17 fatal crashes that occurred in 2025 “that were caused by actions of non-domiciled CDL holders whose fitness could not be ensured and thus would be ineligible under this new rule.”
The agency also accused more than 30 state of improperly issuing non-domiciled CDLs.
“Ultimately, this rule aligns the issuance of non-domiciled CDLs with FMCSA’s statutory mandate to “ensure the fitness” of CMV operators. By limiting eligibility to statuses subject to consular vetting and interagency screening, FMCSA closes a significant safety gap, solves the bifurcated standard, and prioritizes the safety of the traveling public,” the agency concluded.
Truckers Cheer FMCSA For Closing Loopholes
“OOIDA and truckers across America support the Trump Administration’s continued actions to crack down on the issuance of non-domiciled CDLs. For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. This final rule is a major step toward safer roads, stronger accountability, and a more professional trucking industry,” said Todd Spencer, President of the Owner-Operator Independent Drivers Association.