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DOT Finalizes Rule Tightening Non‑Domiciled CDL Eligibility and Verification

Federal audits tying fatal 2025 crashes to unvetted non‑domiciled drivers prompted the change, effective 30 days after publication.

Overview

  • The final rule disallows Employment Authorization Documents, requires an unexpired foreign passport with the appropriate Form I‑94, and mandates SAVE system checks for every foreign applicant.
  • Eligibility for non‑domiciled commercial driver’s licenses is limited to H‑2A, H‑2B and E‑2 nonimmigrant categories that undergo enhanced interagency vetting.
  • FMCSA Administrator Derek Barrs said the measure closes a critical safety gap, adding, “If we cannot verify your safe driving history, you cannot hold a CDL in this country.”
  • DOT cites at least 17 fatal crashes and about 30 deaths in 2025 involving non‑domiciled drivers, along with systemic state noncompliance found in probes of programs in states including California, Pennsylvania, New York, Minnesota, Colorado and North Carolina.
  • Following a recent Indiana crash, DOT moved against the driver’s employer and related carriers and revoked a certifier’s approval linked to the licensing, signaling stepped‑up enforcement alongside the new rule.