The transportation sector and all the logistics behind it are the backbone of any economy. Capitalism and the distribution of resources would not exist if there weren’t thousands of people behind the scenes orchestrating their transport from one point to another. Our supermarkets, clothing stores, and even hospitals are well stocked thanks to a huge logistics team that supplies us with all the resources we need to live our daily lives.
In the United States, almost everything we consume reaches its final destination aboard a commercial truck. That is why federal regulations regarding commercial truck driving licenses are creating a wave of uncertainty in the industry.
The Federal Motor Carrier Safety Administration (FMCSA), part of the Department of Transportation (DOT), has significantly changed the rules. On September 29, 2025, an interim final rule was issued that seeks to “restore integrity and legality” in the issuance of commercial driver’s licenses (CDLs). Specifically, non-resident CDLs.
New restrictions on commercial driver’s license
Until relatively recently, regulations allowed some flexibility in obtaining a non-resident CDL. Anyone who wanted to take the test to obtain this license could present an Employment Authorization Document (EAD) or a valid foreign passport with an I-94 form. The new rule limits almost all options. From now on, only drivers who can present one of these beauties will be considered eligible for a commercial driver’s license:
- These are H-2A visas (for Temporary Agricultural Workers).
- Also H-2B visas (for Temporary Non-Agricultural Workers).
- And finally, the E-2 (for Treaty Investors or Employees).
This leaves out many minority groups who had resorted to this type of work to earn a living: people with an EAD communicating proof of status, DACA recipients, asylum seekers, and Temporary Protected Status (TPS) beneficiaries. Estimates indicate that 97% of current commercial driver’s license holders depend on an EAD that will no longer allow them to renew their license. In addition, for each driver’s license issuance, renewal, or transfer, applicants must undergo mandatory immigration status verification through the federal SAVE system. Applicants must present a valid foreign passport and a valid I-94/I-94A form.
In addition, the validity of commercial driver’s licenses has been drastically limited; they will now expire in one year, or on the expiration date of Form 94, whichever comes first. This places an administrative and bureaucratic burden on federal systems, but above all, it is causing a wave of panic in the transportation world. After all, where are they going to find so many truck drivers if they stop renewing the licenses of the large number of foreigners behind the wheel of a truck?
Why are the changing the laws around CDLs?
The official justification is based on an audit that was carried out nationwide. What they found in several states horrified them: truck driving schools that falsified practice hours, driver’s licenses with extremely long expiration dates, even longer than the visa for permanent residence in the United States, falsified exams, etc. Millions of irregularities were found that called into question the attitude of many truck drivers with this license.
The big elephant in the room was road safety. In 2025 alone, there have been a series of fatal road accidents involving drivers with non-resident CDLs… some of which had been issued incorrectly. Once the police and emergency services arrived at the scene, it was clear that the driver of the multi-ton commercial truck did not speak English well and did not even understand that they had caused a deadly tragedy.
Although this has been a minority of all fatal traffic accidents on US roads, it has nonetheless been a turning point that has prompted the agency to take action. However, there is already a shortage of truck drivers in the US, and restrictions would only exacerbate the problem. For now, we can expect more logistical disruptions and increased costs for transportation companies… which will ultimately be passed on to consumers, as always.