DOT Issues Emergency Rule Limiting Commercial Driver’s Licenses for Foreign Nationals

At a Glance

  • Nondomiciled drivers applying for or renewing their CDL/CLP must provide an unexpired I-94 record indicating one of three specific employment-based nonimmigrant categories: H-2A, H-2B or E-2, and appear in person and provide an unexpired foreign passport at every issuance and renewal. 
  • Foreign nationals holding other lawful status and valid employment authorization documents are now ineligible, including asylees, refugees, and Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) beneficiaries. 
  • The IFR specifically singles out California, Colorado, Pennsylvania, South Dakota, Texas and Washington State for licensing failures, warning that any state found noncompliant could lose issuance authority and/or federal funding. 
  • Employers with nondomiciled drivers should plan for disruptions in CDL renewals while states pause and update their systems to comply with the IFR. 

To view the full alert, visit the Faegre Drinker website. 

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