New rules require states to quickly revoke CDLs for drivers who do not comply and to address any gaps in the system.
The Federal Motor Carrier Safety Administration (FMCSA) released new rules to strongly enforce its final rule for non-domiciled CDLs. The new FAQ gives details about removing unapproved foreign drivers and adds new requirements for how states must operate.
The new rules say that all non-domiciled CDLs must clearly show the word “non-domiciled” on the license.
The FAQ also says that CDLs labeled “temporary” no longer meet the rules. The FMCSA wants states to take these licenses back right away and issue correct ones, rather than waiting for them to expire.
States cannot just add a “non-domiciled” code to a normal license. The word “non-domiciled” must be easy to see on the front of the card.
Spouses and asylum seekers cannot get non-domiciled CDLs
The FMCSA now clearly states that people with certain immigration statuses—such as spouses of visa holders or those waiting on their paperwork—cannot obtain a non-domiciled CDL.
For example, spouses of treaty investors (E–2S status holders) cannot get these licenses. Also, states cannot accept Form I-797C as proof of status, even if it shows that someone is awaiting immigration approval.
| As of March 16, 2026, EADs are no longer accepted: | ||
| I-94/A document shows Admit Until Date is… | The state may issue a non-domiciled CDL that is valid… | State may issue non-domiciled CDL that is valid… |
| 6 months from today | 9 months from today | Up to 6 months (cannot use SAVE solely) |
| 6 months from today | 3 months from today | Up to 3 months from today (use SAVE to confirm) |
| 2 years from today | 18 months from today | Up to one year from today (cannot use SAVE to exceed one-year maximum) |
| 6 months from today | No end date or duration of status or “D/S” | Up to 6 months (cannot use SAVE solely) |
| No end date or duration of status or “D/S” | No end date or duration of status or “D/S” | Up to one year from today (cannot exceed one-year maximum) |
| 6 months from today | Application for Asylum pending | The SAVE response shows that the Admit Until Date is… |
States have strict deadlines
Only people with H-2A, H-2B, or E-2 status, who have a valid foreign passport and an I-94 form with a clear end date, can get these licenses.
The FMCSA will watch states more closely. States must provide license papers within 48 hours if the FMCSA requests them, including on weekends and holidays. There can be no delays.
FMCSA also said that the Verification of Lawful Status (VLS) system some states use will be removed.
The guidelines say that even if VLS works like SAVE, the system will be removed and will not support new updates. States must ensure that their checks produce the same real-time results as the SAVE system, or they will be in violation of the rules.
Carriers must check drivers in person
The FAQ states that motor carriers must quickly review driver files. If a driver is allowed to return to work (for example, after a health issue), this must be treated as a new license. This process must be done in person, and drivers must show new proof of H-2A, H-2B, or E-2 status.
