Immigration rule: US restricts truck licences to H-2A, H-2B, E-2 holders

US truck license rule: After deadly highway crashes, the Trump administration limits non-domiciled commercial truck licences to select visa holders and tighter checks

After a series of fatal crashes involving migrant, non-English speaking drivers, the administration of US President Donald Trump is introducing new regulations to tighten access to commercial truck licences in the United States. 

 

Under the new trucking rule, only individuals holding either H-2A,  H-2B, or E-2 visa type can apply for a non-domiciled commercial driver’s licence.

 

Note:

 

H-2A visa is for seasonal farm workers

H-2B is for seasonal non-farm workers

E-2 visa is for business investors from treaty countries

 

Officials say the changes will sharply reduce eligibility and close gaps between federal and state rules.

 

Harjinder Singh, Jashanpreet Singh, Rajinder Kumar and Kamalpreet Singh, all Indian-origin truck drivers, have been accused of causing deadly crashes on American highways in recent months. Each had obtained a non-domiciled commercial driver’s licence (CDL) in California.

 

“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems – wreaking havoc on our roadways,” Transportation Secretary Sean Duffy told US-based media Daily Caller. “Moving forward, unqualified foreign drivers will be unable to get a licence to operate an 80,000-pound big rig.”

 

“Under President Trump’s leadership, we are putting the safety of the driving public first,” Duffy continued. “From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on.”

 

In a statement, the US Department of Transportation (DOT) said earlier rules for issuing non-domiciled CDLs had contributed to unsafe conditions because documentation requirements were complex and states did not have access to full driving records from abroad.

 

“A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles,” Federal Motor Carrier Safety Administration (FMCSA) Administrator Derek Barrs said in a statement released Wednesday. “If we cannot verify your safe driving history, you cannot hold a CDL in this country.”

 

According to the FMCSA, 17 crashes and 30 deaths in 2025 involved drivers with non-domiciled CDLs who would no longer qualify under the new rule.

 

What the rule was earlier

 

Under previous regulations, states could issue non-domiciled CDLs to certain foreign nationals based on documentation including employment authorisation documents (EADs).

 

The DOT said states were unable to access foreign driving records in the same way they could check American drivers through national databases covering offences such as drink-driving, reckless driving or crash history.

 

“While US drivers are subject to strict checks through national databases for past violations, such as DUIs, reckless driving, or crash involvement, states lack the ability to access the driving records of foreigners and illegal immigrants,” the department said in an announcement.

 

What changes now

 

Under the new rule, non-domiciled CDLs will be restricted to individuals holding H-2A, H-2B or E-2 visas.

 

Applicants must present an unexpired foreign passport and an approved Form I-94 showing eligible immigration status.

 

Employment authorisation documents will no longer be accepted for non-domiciled CDL applications. A notice in the Federal Register, due to be published Friday, says reliance on work permits proved “administratively unworkable and resulted in widespread regulatory non-compliance”.

 

In its release, the DOT said the previous arrangement “allowed individuals with dangerous driving histories to obtain a trucking licence simply by presenting an Employment Authorization Document (EAD), which does not screen for transportation safety.”

 

The final rule largely mirrors an interim rule issued last year, with some clarifications. One change specifies that states cannot issue a non-domiciled CDL or commercial learner’s permit for more than one year.

 

The rule does not apply to commercial drivers licensed in Canada or Mexico. The United States recognises licensing standards in those countries under reciprocity agreements.

 

Why officials say the change is needed

 

Officials say the shift closes what they describe as a gap in the system. Without reliable access to foreign driving records, they say, states could not fully assess applicants’ safety history.

 

The interim rule drew more than 8,000 public comments, attracting both support and criticism. Major trucking trade associations largely backed the proposal.

 

“Certain large carriers and their advocates have spent years pushing policies that expand access to cheaper labor, often at the expense of safety and professional standards,” Owner-Operator Independent Drivers Association President Todd Spencer said. “This rule is a course correction and will remove unqualified drivers from the road.”

 

The American Trucking Associations had earlier said the measure “reflects a thoughtful effort to restore nationwide uniformity in CDL credentialing” and “represents an important step toward restoring uniformity and integrity in the issuance of CDLs.”