The Federal Motor Carrier Safety Administration (FMCSA) this week issued a final rule on nondomiciled commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs), limiting the ways that states can issue and renew these driving credentials for noncitizens. The final rule requires stricter standards for nondomiciled CDLs and CLPs, limiting eligibility to just a few categories of immigrant visas and detailing the documentation that states must use to verify immigration status. The new rules are scheduled to become effective in mid-March.
Under the rule, nondomiciled CDLs will be limited to individuals with an H-2A, H-2B or E-2 visas. Also, applicants will have to present an unexpired foreign passport and an approved Form I-94 corresponding to an eligible status.
Employment authorization documents — commonly known as work permits — will no longer be accepted for nondomiciled CDL applications, as reliance on those proved “administratively unworkable and resulted in widespread regulatory non-compliance,” according to the federal register notice, set to be published Friday.
The final rule clarifies that states cannot issue a nondomiciled CDL or commercial learner’s permit for longer than one year. The rule does not pertain to commercial drivers licensed in Canada or Mexico, as the U.S. recognizes licensing standards from those countries in accordance with reciprocity agreements.