Introduction

The Federal Motor Carrier Safety Administration (FMCSA) has issued an Interim Final Rule (IFR) titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers’ Licenses (CDLs)” (Federal Register link: https://www.federalregister.gov/documents/2025/09/29/2025-18869/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl). The rule took effect immediately on September 29, 2025, leaving States and employers scrambling to interpret and comply. Its purpose is to restore the integrity of CDL issuance by ensuring that only foreign-domiciled drivers with verified, lawful immigration status can hold a CDL or CLP. While the intent is clear—improving safety and preventing fraudulent or improper licensing—the timing and rollout have created challenges for employers operating across multiple States.

Summary of the New Rule

The rule introduces five major reforms:
1. Eligibility Limited: Only individuals in H-2A, H-2B, and E-2 immigration categories may now qualify for a non-domiciled CDL or CLP.
2. EADs No Longer Sufficient: Employment Authorization Documents (EADs) alone no longer qualify an individual to obtain or renew a CDL.
3. Verification Strengthened: State licensing agencies must verify lawful presence through DHS’s SAVE system, require unexpired passports and I-94s, and tie CDL expiration to immigration status (up to one year).
4. Mandatory Downgrades: If immigration status expires or changes, the State must revoke or downgrade the CDL immediately.
5. Immediate Enforcement: The rule was implemented without a transition period, causing delays and uncertainty as States race to comply.

Immediate Effects on Employers

1. States Are Still Implementing

FMCSA invoked a “good cause” exception to skip the usual notice-and-comment period. As a result, most State Driver Licensing Agencies (SDLAs) are still updating their systems and training staff. Employers are already experiencing delays in CDL renewals, inconsistent enforcement between States, and sudden downgrades when SAVE verification is pending or inconclusive.

2. CDL Validity Now Tied to Immigration Status

A CDL’s validity period now cannot exceed a driver’s authorized stay in the U.S. Employers should expect shorter license durations and increased renewal frequency, resulting in greater administrative demands.

3. SAVE Verification Is for States — Not Employers

The DHS SAVE program is not accessible to private employers. Only government agencies can use SAVE to verify lawful status. Employers must rely on State determinations and ensure active CDL tracking internally.

Compliance Actions Employers Should Take Now

1. Conduct a Nationwide CDL and Visa Audit

Audit all active drivers to determine citizenship or immigration category, identify any operating under EADs, and record both CDL and immigration document expiration dates. Immigration status is not currently tracked in most driver compliance systems, including Concorde’s, so companies should manually compile this information.

2. Implement a Transitional Monitoring Process

Because State data updates are inconsistent, supplement automated monitoring with manual verification. Maintain direct communication with drivers and supervisors, and require immediate reporting of license changes or renewal issues.

3. Update Internal Policies and Hiring Procedures

Update DQF procedures and handbooks to include requirements that drivers maintain valid CDLs tied to lawful status. Add acknowledgment forms requiring drivers to report immigration or licensing changes immediately.

4. Prepare for Workforce Disruption

If non-U.S. drivers under other visa categories are affected, plan for reassignment or temporary shortages. Employers in agriculture, logistics, and waste industries should anticipate short-term labor constraints.

5. Strengthen Recordkeeping and Legal Protections

Document all compliance actions, policy updates, and communications. Update client and vendor contracts with notification clauses if a driver’s license becomes invalid.

6. Monitor State Implementation Variability

Track State-by-State implementation progress, including delays, policy updates, and points of contact for escalation. Expect differing enforcement timelines.

7. Engage with FMCSA and Industry Associations

FMCSA has opened a public comment period through November 28, 2025. Submit feedback via Regulations.gov (Docket FMCSA-2025-0622) at: https://www.regulations.gov/commenton/FMCSA-2025-0622-0001.

The Road Ahead

This rule underscores FMCSA’s focus on credential integrity and national security but has created confusion and operational risk due to its immediate rollout. States are still updating systems, and employers may encounter irregularities in renewals, downgrades, and processing delays. Employers should expect longer renewal timelines, State discrepancies, and temporary driver unavailability. Proactive auditing, communication, and parallel tracking of CDL and immigration expiration dates are essential.

Conclusion

FMCSA’s new rule took effect immediately, and States are still scrambling to implement it. The next several months will bring delays, mismatched data, and inconsistent enforcement as agencies align with federal systems. Employers should prioritize three actions: audit drivers now, maintain open communication, and document every compliance effort. Concorde will continue monitoring State implementation and provide guidance as the landscape evolves.

For more details:
FMCSA Rule – https://www.federalregister.gov/documents/2025/09/29/2025-18869/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl
Submit a Comment – https://www.regulations.gov/commenton/FMCSA-2025-0622-0001