- within Immigration topic(s)
- in United States
- within Insurance and Transport topic(s)
On Sept. 29, 2025, the U.S. Department of Transportation issued an interim final rule that alters eligibility for commercial driver's licenses (CDLs) and commercial learner's permits (CLPs) for nonimmigrant workers. Most notably, individuals who hold Employment Authorization Documents (EADs)—including asylum seekers, DACA recipients, TPS holders, and those with pending adjustment of status (green card applications)—are now excluded from obtaining or renewing CDLs and CLPs.
This marks a departure from longstanding practice. Historically, EAD holders have been recognized as lawfully authorized to work in the United States across a wide range of industries, including commercial driving. The new rule restricts CDL/CLP eligibility to those in specific employment-based nonimmigrant statuses such as H-1B, L-1, O-1, and E-2, and requires states to verify status via the SAVE system and match license expiration to immigration status. Employees in the L-1A Multinational Manager or Executive category and the O-1 Extraordinary Ability Category would be unlikely to work in the commercial driving space.
The rule was prompted by the Federal Motor Carrier Safety Administration's (FMCSA) review of fatal crashes involving non-domiciled drivers and findings of state-level compliance failures. However, the implications extend beyond the transportation sector. This shift may raise concerns about the erosion of work authorization rights for EAD holders and set a precedent that might be replicated in other industries.
Employer Takeaways
- Employers must verify that foreign national drivers hold appropriate immigration status and documentation.
- EAD holders may no longer qualify for CDLs, requiring alternative roles or documentation.
- Employers may wish to avoid tying immigration verification to hiring decisions to prevent discrimination claims.
What's Next
- Comments on the rule are due by Nov. 28, 2025.
- Further guidance from FMCSA, Department of Homeland Security, and state agencies is expected.
- Attorneys might consider proactively advising clients with foreign national drivers to prepare for disruptions.
This rule underscores the need for vigilant monitoring of regulatory changes and their potential impact on immigrant workers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
