The US Department of Transportation has issued an emergency final rule that changes how states issue Commercial Driver’s Licenses (CDLs) to non-citizens. The rule restricts eligibility to those holding specific lawful employment-based nonimmigrant statuses, such as H-2A, H-2B, or E-2 visas. Individuals with Employment Authorization Documents, including asylum seekers and DACA recipients, will no longer qualify.
States must now verify every non-citizen applicant’s immigration status through the federal Systematic Alien Verification for Entitlements (SAVE) system. Applicants will need to present an unexpired foreign passport and a valid I-94 Arrival or Departure Record to confirm lawful status.
The emergency rule also directs states to immediately halt new and renewed non-domiciled CDL issuances until their systems meet federal compliance standards. States that previously issued CDLs outside of these new requirements must identify and revoke those licenses.
In addition, the rule limits the expiration of CDLs and Commercial Learner’s Permits to the applicant’s authorized period of stay or one year, whichever is shorter.
This change could impact retailers and their subcontractors who rely on commercial drivers holding non-domiciled CDLs, particularly those employing temporary or seasonal foreign workers.
