Information & Compliance Guide: Non-Domiciled CDL & CLP Motorcoach Drivers

Updated: October 2025

What you Need to Know

On September 26, 2025, U.S. Department of Transportation (DOT) Secretary Sean Duffy announced an emergency action to limit who can receive a non-domiciled Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL).

This action follows a nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA). The emergency interim final rule took effect on September 29, 2025.

What the Rule Does

The new rule restricts states from issuing non-domiciled CLPs or CDLs to certain individuals, including:

1. Individuals in the U.S. under specific employment-based nonimmigrant categories only (see list below).
2. Individuals domiciled in U.S. territories that don’t meet FMCSA certification standards.
3. Individuals domiciled in states that have lost CDL program certification.

States under review for inconsistent licensing practices:

California, Colorado, Pennsylvania, South Dakota, Texas, and Washington

View the full rule:
Restoring Integrity to the Issuance of Non-Domiciled CDLs (Federal Register)

Submit comments by November 28, 2025:
Submit Comments on Regulations.gov

What’s Next

ABA will continue to provide English Language Proficiency compliance assistance to ABA members and to track developments in non-domiciled CDL regulations. Recent ELP enforcement data from FMCSA shows 15,000 truck drivers (4,300 out-of-service) and only 15 motorcoach drivers (1 out-of-service) have been cited for ELP violations.

View FMCSA Violation Data

Non-Domiciled CDL & CLP Motorcoach Drivers Compliance Guide

What Motor Carriers & Drivers Should Do

• Follow all lawful orders and enforcement instructions.
• Regularly verify driver credentials, including:
  • Motor Vehicle Record (MVR)
  • CDL/CLP validity
  • Work authorization for non-domiciled drivers

Eligible Non-Domiciled Work Visa Categories

Only individuals lawfully in the U.S. under the following visa categories may obtain a non-domiciled CLP or CDL:

All other visa types are not eligible for a non-domiciled CLP/CDL.

Proof of Legal Status

1. I-94 Arrival/Departure Record

• Issued by U.S. Customs and Border Protection (CBP)
• Lists visa class, entry date, and “admitted until” date
• Available online: Check I-94 Status

Required Documents:

• Unexpired Form I-94/I-94A showing H-2A, H-2B, or E-2 status
• Unexpired passport

2. Employment Authorization Document (EAD)

• Issued by U.S. Citizenship and Immigration Services (USCIS)
• Serves as proof of work authorization

Useful Verification Tools:

• E-Verify
• USCIS Case Status

Reciprocity with Canada & Mexico

The U.S. recognizes Canadian and Mexican CDLs under the USMCA Agreement (formerly NAFTA).

• Mexico: Since April 2021, CDLs are primarily digital, viewable via smartphone.
  Sample Mexican CDL Guide (CVSA)
• Canada:
  Canadian CDL Reference Guide (FMCSA)
  Medical Certification Info (CVSA)

Hiring Skilled Foreign Workers

Each year, about 140,000 employment-based immigrant visas are available for workers, their spouses, and children.

Motorcoach drivers typically qualify under:

Third Preference (EB-3) – Skilled Workers

Step 1: Employer files Labor Certification with the Department of Labor (DOL)

• Confirms there are not enough qualified U.S. workers
• Ensures hiring a foreign worker won’t hurt U.S. wages or conditions
   DOL Foreign Labor Programs

Step 2: After approval, file Form I-140 with USCIS within 180 days
 USCIS Form I-140

Seeking Exemptions or Waivers

In rare cases, FMCSA may grant exemptions from CDL requirements under 49 CFR 383.25(b)(1).

Requirements for Waiver Applications:

• Driver name(s)
• Company contact (name, title, address, phone)
• Sponsoring company name & DOT number
• Description of driver duties and duration of waiver
• Type of vehicle(s) operated
• Safety impact explanation
• Driver qualifications and training history
• Justification for waiver

View Existing Part 383 Waivers:
FMCSA Exemptions

Key Takeaways

• Only H-2A, H-2B, and E-2 visa holders may hold non-domiciled CLPs/CDLs.
  Always verify driver work authorization and CDL status.
  Watch for FMCSA updates and potential rule changes.
  Submit comments by November 28, 2025 if affected.