FMCSA Intensifies Non-Domiciled CDL Enforcement

The FMCSA's final rule, effective March 16, narrows eligibility for non-domiciled CLPs and CDLs to foreign-domiciled individuals with specific employment-based nonimmigrant statuses. This primarily includes H-2A agricultural workers, H-2B seasonal non-agricultural workers, and E-2 treaty investors. Other visa categories, DACA recipients, refugees, and asylum seekers are excluded. The FMCSA estimates that 97% of the current 200,000 non-domiciled CDL holders nationwide will not meet the new requirements. J.B. Hunt's analysis suggests that the U.S. could see between 214,000 and 437,000 drivers removed from the workforce over the next two to three years due to these restrictions and English language proficiency enforcement. This reduction is expected to occur gradually as licenses expire. The FMCSA is strongly encouraging states to immediately revoke and reissue credentials marked as "temporary" rather than waiting for them to expire. States not compliant by March 16 must pause the issuance of non-domiciled CLPs or CDLs until they can ensure compliance. The agency is also urging states to audit all unexpired non-domiciled CDLs and CLPs to identify credentials that were not issued in compliance with federal regulations.