Non-Domiciled Commercial Program

On February 13, 2026, the Federal Motor Carrier Safety Administration (FMCSA) published the Non-Domiciled CDL 2026 Final Rule that makes changes to the eligibility and issuance requirements for non-domiciled CDLs and CLPs drivers. The Final rule is effective March 16, 2026 and reaffirms, with minor changes, the provisions of the interim Final Rule (IFR) published on September 29, 2025.

New Requirements

• Foreign nationals must provide an unexpired passport AND Form I-94/I-94A showing approved employment-based status at every issuance, transfer, renewal, restoration, reinstatement and upgrade action. Employment Authorization Cards (EAC) are no longer an acceptable form of identification for a Non-Domiciled Commercial credential.
   
• Only individuals with specific employment-based nonimmigrant visas can now obtain non-domiciled CDLs:
  • H-2A (Temporary Agricultural Workers),
  • H-2B (Temporary Non-Agricultural Workers),
  • E-2 (Treaty Investors)
     
• Eliminates credential eligibility for asylum seekers, refugees, DACA recipients, and others who previously qualified with Employment Authorization Documents (EADs).

In-Person Transactions Required

• All Non-Domiciled CDL transactions must be conducted in person. This applies to every renewal, transfer, upgrade, amendment, endorsement, correction, reprint or other duplication of a previously issued Non-Domiciled CLP or CDL.