What Drivers Need to Know About the New Restrictions and Legal Fight
A lawsuit has been filed to challenge the Federal Motor Carrier Safety Administration’s (FMCSA) new CDL rule that could disqualify nearly 194,000 non-domiciled commercial drivers across the United States.
The petition for review, filed in the U.S. Court of Appeals for the D.C. Circuit, comes from the Public Citizen Litigation Group, the American Federation of State, County and Municipal Employees (AFSCME), and the American Federation of Teachers (AFT).
The coalition argues that FMCSA’s new rule unfairly threatens the livelihoods of thousands of lawful, foreign-born drivers who have worked safely and legally in the U.S. for years.
While the case moves through court, the rule remains in effect. It means drivers and carriers must prepare now for how it could affect CDL renewals and eligibility.
What the FMCSA CDL Rule Changes
The FMCSA regulation, Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses (CDL), took effect in September 2025. The rule limits who can hold a non-domiciled CDL or learner’s permit. Previously, many legally authorized workers, including DACA recipients and others with Employment Authorization Documents (EADs), could qualify for CDLs.
Now, eligibility is restricted to certain visa holders only: H-2A, H-2B, and E-2 visas. Drivers who hold only an EAD will lose eligibility once their CDL expires.
States must also:
- Verify immigration status through federal databases such as SAVE
- Require in-person CDL renewals
- Maintain stronger documentation and shorten renewal terms
FMCSA says these steps restore integrity and improve safety, while critics argue they unfairly target safe immigrant drivers.
As a result, carriers that depend on these drivers could soon face serious labor shortages, and for many affected drivers, the rule could mean losing not only a CDL, but also the stable career they’ve built legally and responsibly.
What Drivers Should Do Right Now
If you hold a non-domiciled CDL or work for a carrier that employs such drivers, here’s how to stay ahead of the rule and protect your job:
1. Check your visa or authorization type. Confirm whether your immigration or visa category (H-2A, H-2B, or E-2) still qualifies under FMCSA’s new rule. If you only have an Employment Authorization Document (EAD), prepare for the possibility that your CDL may not be renewed when it expires.
2. Keep your paperwork current. States now verify via SAVE; missing or expired documents may cause delays.
3. Talk with your carriers who should review rosters to confirm continued eligibility.
4. Stay informed. Follow the FMCSA Newsroom and reliable trucking outlets for updates.
5. Plan renewals early, because many states are already enforcing the new rule.
6. Avoid gaps in your driving record. If your CDL eligibility is uncertain, keep working legally until your current license expires. Consistent work history and safety records will help if you transition to another driving role.
No CDL is Not the End of the Road
If you’re waiting for the lawsuit’s outcome or lose CDL eligibility, your career doesn’t have to stop here.
Non-CDL jobs can pay just as well as CDL positions, giving you steady income without the extra licensing. These roles value your driving skill and reliability. Staying active keeps income steady and may pay comparable to CDL work, depending on hours and route.
The FMCSA CDL rule may shift eligibility, but your experience and commitment still keep the industry moving.
Need Help Finding a Non-CDL Job?
If you lost your CDL or are waiting for the new FMCSA rule, you don’t have to park your trucking career. We connect drivers to non-CDL jobs that pay well and keep you on the road.
Contact us to explore current jobs near you.
