The Federal Motor Carrier Safety Administration (FMCSA) has announced that it has strengthened requirements for issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals.
The FMCSA’s interim final rule limits issuance of non-domiciled CDLs to individuals with specific lawful employment-based nonimmigrant status categories (H-2A, H-2B, or E-2).
The rule also requires state driver’s licensing agencies (SDLAs) to use the USCIS SAVE system, the online service for registered federal, state, territorial, tribal, and local government agencies, to verify the immigration status and citizenship of applicants seeking benefits or licenses.
The rule includes the following key changes:
- Only individuals in H-2A, H-2B, and E-2 visa status are eligible for a non-domiciled commercial learner’s permit (CLP) or CDL.
- Non-citizen applicants, except for U.S. permanent residents, must provide an unexpired foreign passport and an unexpired I-94/94A Arrival/Departure Record indicating one of the specified employment-based nonimmigrant categories, specifically H-2B, H-2A, and E-2 classifications, at every issuance, transfer, renewal, and upgrade action defined in the regulation. EADs alone (categories (b)(9) and (a)(17)) will no longer suffice for eligibility.
- Individual states must immediately pause issuance or renewal of non-domiciled CDLs/CLPs until their processes comply.
- CDL or CLP validity is limited to one year or the expiration date of the Form I-94/94A, whichever is sooner.
Employees who currently use EADs as proof of work authorization for I-9 purposes remain authorized for employment and may continue to work. However, the new rule will not allow an individual with an EAD to renew or transfer their CDL unless the employer is able to sponsor the driver as an H-2B, H-2A, or E-2, which would be difficult.
If you have questions regarding the interim final rule’s impact or applicability, reach out to your Jackson Lewis attorney.