FMCSA Final Rule Severely Limits Non-Domiciled CDL Eligibility
Motorcoach operators should prepare for listed changes
The Federal Motor Carrier Safety Administration (FMCSA) has issued a Final Rule sharply restricting eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs). The rule, titled Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers’ Licenses, takes effect in 30 days.
For motorcoach operators, the rule may affect a limited but important segment of the workforce — particularly in markets where non-domiciled CDL holders have helped fill driver shortages.
Who Is Eligible
Going forward, only individuals in the following employment-based visa categories may obtain a non-domiciled CDL:
- H-2A
- H-2B
- E-2
Asylum seekers, refugees, DACA recipients, and other previously eligible categories are now excluded. The rule applies to passenger carriers, including motorcoach and school bus operators — not just trucking.
Key Compliance Changes
- EADs Eliminated: Employment Authorization Documents (EADs) are no longer accepted.
- New Documentation Required: Applicants must present an unexpired foreign passport and a valid Form I-94.
- Mandatory SAVE Checks: State Driver Licensing Agencies must verify immigration status through the federal SAVE system.
FMCSA says the rule closes what it calls a “critical safety gap” in driver vetting and addresses inconsistencies in how states review non-domiciled applicants.
What This Means for Operators
While the Department of Transportation views the rule as a safety priority, motorcoach companies should:
- Review driver rosters to identify any affected employees
- Confirm documentation requirements with their state licensing agency
- Plan for potential workforce adjustments as eligibility narrows
ABA continues to monitor implementation and is engaging with FMCSA leadership, including Administrator Derek Barrs, to ensure member concerns are understood as the rule takes effect.
