Providing Developments & Insight on Trending Topics in Employment Law

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Providing Developments &amp; Insight on Trending Topics in Employment Law

On Feb. 23, the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation issued a final rule<a id="_ftnref1" href="#_ftn1">[1]</a> revising federal regulations for state driver’s license agencies responsible for issuing commercial driving credentials to foreign-domiciled individuals. The final rule, which took effect March 16, significantly restricts certain “non-domiciled” drivers from being able to hold or renew a commercial driver’s license (CDL) without an H-2A, H-2B or E-2 visa. Existing non-domiciled drivers who do not meet the final rule’s visa requirements may continue driving under their current CDL until it expires.

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According to the final rule, titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL),” the only non-domiciled drivers eligible to obtain or retain their CDL credentials will be those individuals with H-2A, H-2B or E-2 visas. All other non-domiciled CDL holders are no longer eligible for CDLs, including certain asylum seekers, refugees and individuals who participate in the Deferred Action for Childhood Arrivals program.&nbsp;Approximately 200,000 truck drivers are expected to lose their CDLs as a result of the final rule, which affects drivers and employers alike across the country.

The final rule has the stated purpose of “rectify a critical gap in the Nation’s non-domiciled licensing system,” but its potential impact is currently the subject of litigation. On Feb. 26, the AFL-CIO, the American Federation of Teachers and two employee drivers with CDLs set to expire filed an emergency motion to stay the effective date of the FMCSA final rule pending review.<a href="#_ftn2" id="_ftnref2">[2]</a> The drivers and their unions argue that the final rule will cause them and several other drivers irreparable harm, as they face the loss of their jobs. On March 5, Waste Pro USA Inc., a Florida-based waste collection company that services approximately 2.1 million residential and commercial customers, filed an amicus brief in support of the motion to stay the final rule. Waste Pro argues that the final rule threatens essential sanitation services by reducing the CDL workforce and has already disrupted route-based services, which will only worsen absent relief.

The court has not yet ruled on the petition for an emergency stay, and state driver’s license agencies have implemented the final rule’s requirements in their review of CDL applications. For some businesses, the rule has already created a shrunken pool of eligible non-domiciled drivers. Transitioning to a visa-based vetting system will require businesses relying on CDL drivers to extensively review employee license records; plan for vacancies created by expired, non-renewable licenses; adjust recruiting strategies to target drivers with eligible immigration status under the final rule; and identify solutions for potential disruptions in route-based service plans.

For more information on the potential impacts of the FMCSA final rule, please contact Jeremy Hart (<a href="mailto:jhart@bakerlaw.com">jhart@bakerlaw.com</a>) or Lee Solomon (<a href="mailto:rlsolomon@bakerlaw.com">rlsolomon@bakerlaw.com</a>).

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<a id="_ftn1" href="#_ftnref1">[1]</a> <a href="https://www.federalregister.gov/documents/2026/02/13/2026-02965/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl" target="_blank" rel="noreferrer noopener">https://www.federalregister.gov/documents/2026/02/13/2026-02965/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl</a>

<a id="_ftn2" href="#_ftnref2">[2]</a> <a href="https://www.citizen.org/wp-content/uploads/2026.02.26-Motion-to-Stay.pdf" target="_blank" rel="noreferrer noopener">https://www.citizen.org/wp-content/uploads/2026.02.26-Motion-to-Stay.pdf</a>

New FMCSA Final Rule Requiring Visas for CDL Credentials Impacts Non-Domiciled Truck Drivers and Their Employers Alike