Naturally there have been a lot of questions after the U.S. Department of Transportation (DOT) September 26, 2025 announcement that created an emergency rule to tighten requirements for non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs). Here’s everything you need to know about non-domiciled CDLs:
What is a non-domiciled CDL?
A non-domiciled CDL is a CDL license issued to someone who is not a resident of the issuing state.
Non-domicile CDLs can be issued under either of the following two conditions:
- To an individual domiciled in a foreign country, other than Mexico and Canada, if the person obtained the license from a State that complies with the testing and licensing standards required for CDL drivers.
- To an individual domiciled in another State while that State is prohibited from issuing CDLs, if the person obtained the license from any State that elected to issue non-domiciled CDLs and that complies with the testing and licensing standards required for CDL drivers. At this time, all 50 states can issue CDLs licenses to US citizens and permanent residents.
Does a CDL driver in Mexico or Canada need a non-domiciled CDL?
No. Canada, Mexico, and the U.S. have reciprocal Commercial Driver’s License (CDL) agreements, meaning that the United States recognizes CDLs from Canadian provinces and the Mexican federal government.
Who is eligible to apply for a non-domiciled CDL in the United States?
To be eligible for a non-domiciled CDL in the United States, you must be from a foreign country (except Canada or Mexico) or a U.S. state that is unable to issue CDL licenses.
For foreign nationals, you must meet these requirements:
- Have a specific employment-based visa, such as an H-2A, H-2B, or E-2 visa.
- Prove lawful status with a valid foreign passport and an I-94 form each time you apply for or renew your license.
- Undergo verification through the federal SAVE system.
- Be present in-person at each renewal
Can a US citizen or permanent resident apply for a non-domiciled CDL in a state where they temporarily live or work?
Not usually. Instead of applying for a non-domiciled CDL, a U.S. citizen or permanent resident must apply for a standard CDL from the state in which they are domiciled. Non-domiciled CDLs for U.S. citizens and permanent residents are only an option when their home state is prohibited from issuing CDLs. CDL drivers must be licensed in their home state.
How does a non-domiciled CDL differ from a regular CDL?
Both types of CDLs require knowledge and skills tests. The differences with a non-domiciled CDL is:
- Eligibility based on the applicant’s legal status
- Shorter and tied-to-immigration-status validity
- Stricter documentation and vetting requirements
How do trucking companies handle drivers who work in states different from their domicile?
Trucking companies must comply with federal regulations for drivers who operate in states different from their domicile, which generally requires the driver to have an interstate CDL. Interstate CDLs require adherence to federal regulations from the FMCSA, which are generally stricter, for example being 21+.
How can I verify which states allow U.S. citizens to apply for non-domiciled CDLs?
To find the states allow non-domiciled CDL applications, you need to check with individual state licensing agencies because federal regulations allow states to elect whether or not to issue them, subject to new federal rules.
What types of visas or work authorizations qualify for a non-domiciled CDL?
Recent regulations have restricted eligibility for these licenses. Only H-2A, H-2B, and E-2 visa holders can qualify for a non-domiciled CDL.
Are there language or knowledge test requirements for non-domiciled CDL applicants?
Yes, non-domiciled CDL applicants must pass both a knowledge and a skills test. Language requirements and variations depend on the state so be sure to check each state’s website for more information. In addition, while some states allow written knowledge tests in languages other than English, the practical skills test must be conducted in English.
How long is a non-domiciled CDL valid?
A non-domiciled CDL is valid for a maximum of one year or until the driver’s authorized period of stay (Form I-94 date) expires, whichever is sooner.
What happens if a non-domiciled driver’s immigration status changes or expires?
The issuing state must revoke or downgrade their commercial driving privileges within 30 days.
Can a non-domiciled CDL holder enroll in CDL training programs in the US?
Yes, a non-domiciled CDL permit holder can enroll in and complete CDL training programs.
What are the federal regulations, per FMCSA, governing non-domiciled?
Federal regulations, specifically a recent emergency interim final rule by the FMCSA, have significantly restricted non-domiciled CDLs. This includes:
- Restricted visas: Only individuals with H-2A, H-2B, or E-2 visas are eligible to apply.
- Required documents: Applicants must provide an unexpired foreign passport and an unexpired Form I-94/I-94A at every issuance, renewal, or upgrade.
- Immigration status verification: State licensing agencies must verify a driver’s status through the Department of Homeland Security’s SAVE system.
- In-person renewals: All renewals must be completed in person.
- Maximum term: The non-domiciled CDL/CLP can only be issued for a maximum of one year, tied to the expiration of the driver’s immigration documents, whichever is sooner.
- Non-Domiciled Marking: The word “Non-domiciled” must be prominently displayed on the CDL or CLP.
Are non-domiciled CDL holders required to undergo medical certification like U.S. CDL holders?
Yes, non-domiciled CDL holders must meet the same federal medical certification standards as U.S. CDL holders if they operate a Commercial Motor Vehicle in the United States.