200,000 immigrant truck drivers to lose licences in US: What changes now

New US rule limits truck driving licences to select visa holders, tightening eligibility and documentation requirements

The US Department of Transportation’s rule restricting non-citizens from obtaining a commercial driver’s licence (CDL) has come into effect from Monday, a move that could remove up to nearly 200,000 drivers from US highways over the next two years.

 

“This will prevent unsafe foreign drivers from renewing their licence and hold states accountable to immediately invalidate improperly issued licences,” said DOT Secretary Sean Duffy.

 

Duffy said during a September 26 press conference that the Federal Motor Carrier Safety Administration (FMCSA) had identified at least five fatal crashes involving non-domiciled CDL holders so far in 2025. He referred to a fatal crash in Florida involving a truck driver licensed in California who was believed to have been in the United States illegally.

   

Who can now get a CDL

 

Under the new rule, only certain categories of non-citizen drivers will be eligible:

 

• H-2A visa holders (seasonal agricultural workers)

• H-2B visa holders (seasonal non-agricultural workers)

• E-2 visa holders (treaty investors)

 

Applicants must present an unexpired foreign passport along with a valid Form I-94 confirming eligible immigration status.

 

The rule also requires drivers to appear in person for each renewal and places additional verification responsibilities on states when issuing licences. 

 

Scale of impact on drivers

 

FMCSA estimates there are about 200,000 non-domiciled CDL holders in the US, accounting for roughly 5 per cent of the country’s 3.8 million active CDL holders.

 

With the new rule in place, the agency expects only around 6,000 non-domiciled CDLs to be issued going forward. The remaining 194,000 drivers are expected to leave the freight market gradually as they are unable to renew their licences.

 

Duffy dismissed concerns about a shortage of drivers affecting freight movement.

 

“There are plenty of great American drivers ready to act,” he said, adding that the rule would create more opportunities for domestic workers.

 

FMCSA, in the rule text, said it “believes there will be a limited economic impact on the freight market and motor carriers”. It added that past data, including during and after the Covid-19 pandemic, showed the freight sector adjusts to changing conditions.

 

English proficiency checks tightened

 

The rule also introduces steps for states to verify the English proficiency of drivers transferring licences from other states. It includes provisions for reassessing drivers who have been cited earlier for not meeting language requirements.

 

What the earlier rules allowed

 

Previously, states could issue non-domiciled CDLs to certain foreign nationals based on documents such as Employment Authorisation Documents (EADs).

 

The DOT said states did not have the same access to foreign driving records as they do for US drivers through national databases tracking offences such as drink-driving, reckless driving and 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.

 

What changes now

 

The updated rule introduces stricter eligibility and documentation requirements:

 

• Non-domiciled CDLs limited to H-2A, H-2B and E-2 visa holders

• Mandatory passport and Form I-94 verification

• Employment Authorisation Documents no longer accepted

• CDL validity capped at one year for non-domiciled drivers

 

A Federal Register notice said reliance on work permits had proved “administratively unworkable and resulted in widespread regulatory non-compliance”.

 

The DOT added that the earlier system “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 follows an interim rule issued last year, with added clarifications on licence duration and documentation requirements.

 

It does not apply to commercial drivers licensed in Canada or Mexico, as the United States recognises their licensing standards under reciprocity agreements.