The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a new regulation in September 2025, declaring that individuals entering the United States from the border under temporary status will have their Commercial Driver’s Licenses (CDL) deemed invalid.
Who Does This New Rule Affect and How?
According to FMCSA’s regulation titled “Protecting the Nation’s Roadways by Restoring Integrity to Non-Domiciled CDLs,” all non-U.S. citizen drivers must now present the following documents when applying for a CDL:
- A valid foreign passport,
- A valid Form I-94 or I-94A (Arrival/Departure Record), and
- One of the following eligible visa types listed on the record: H-2B, H-2A, or E-2.
Those who fail to meet these criteria will have their CDLs revoked, and their existing CDL cards will lose legal validity.
Who Is Affected by This New Regulation?
This rule particularly impacts individuals who entered the U.S. through the border and are currently residing under temporary or pending statuses (such as “asylum pending”).
Previously, some states allowed such individuals to apply for or retain a CDL. However, the FMCSA now strictly enforces the “domicile” (residency) requirement.
In other words, to obtain or keep a valid CDL, a driver must:
- Be a U.S. citizen, or
- Hold a Green Card (lawful permanent residency).
Individuals with certain work visas, such as H-2B, H-2A, and E-2, are exceptions. However, those who entered the U.S. from the border and are awaiting asylum or other temporary decisions no longer qualify.
Practical Issues Arising from the New Rule
In recent weeks, many individuals have mistakenly believed that their physical CDL cards remain valid. However, in the FMCSA database, these licenses are already marked as revoked.
As a result, during a traffic stop or inspection, a driver may unknowingly face charges for “driving with an invalid license.”
FMCSA states that this regulation aims to enhance safety and integrity on U.S. roadways.
According to official data, a significant portion of recent truck-related accidents involved drivers who had recently entered the country and were unfamiliar with U.S. roads and traffic laws.
Situation for Asylum Applicants
Individuals who have filed for asylum may hold temporary presence while their cases are pending, but this does not satisfy the “domicile” requirement for a CDL.
Therefore, asylum applicants can no longer apply for new CDLs, and any existing CDLs they hold are now considered invalid.
Legal Assessment and Our Recommendations
This new regulation could have serious consequences for both truck drivers and employers in the transportation sector.
While individuals who entered from the border have lost CDL eligibility, it may still be possible in some cases to regain eligibility through a different legal status or visa category.
At Oguz Law, we assist our clients with:
- Evaluating their current status for CDL eligibility,
- Identifying alternative visa or work authorization options, and
- Updating FMCSA records according to their current legal status.
Conclusion
A significant change to the U.S. commercial licensing system has been brought about by the new FMCSA rule, which centers CDL eligibility around “domicile.”
Those who enter the United States under border-entry or temporary status will no longer be able to legally drive commercial vehicles and their CDLs will be revoked.
Get advice from Oguz Law if you think you are impacted by this change or would like to know how your present immigration status affects the validity of your CDL.
Schedule a consultation with our team today.
