NOTE: This guidance revises FMCSA-CDL-Non-Domiciled-CDL-2026-Final-Rule-FAQs(2026-02-18), issued on February 18, 2026 and effective on March 16, 2026, by adding Question 32.

FMCSA-CDL-Non-Domiciled-CDL-2026-Final-Rule-FAQs(2026-02-18)

Non-Domiciled CDL 2026 Final Rule FAQs

Question 1: Which classes of admission are eligible to obtain a non-domiciled CDL?

Guidance:  Only those in lawful immigration status (who provide “evidence of lawful immigration status” as defined in 49 CFR § 383.5) in the United States in one of the following employment-based nonimmigrant statuses will be permitted to obtain a non-domiciled CLP or CDL: H–2A (Temporary Agricultural Workers), H–2B (Temporary Non-Agricultural Workers), or E–2 (Treaty Investors). No other immigration statuses (e.g., E–2S) will be eligible for a non-domiciled CLP or CDL. 

Question 2: What documents must States use to verify the lawful immigration status of a U.S. citizen, lawful permanent resident, or a non-citizen national domiciled in a U.S. territory?

Guidance: States are required to use the documents specified in Table 1 to 49 CFR § 383.71 as proof that applicants who are U.S. citizens, lawful permanent residents, or non-citizen nationals domiciled in a U.S. territory are eligible to receive a non-domiciled CLP or CDL.

As a reminder, U.S. citizens (including individuals from U.S territories) and lawful permanent residents domiciled in a State, as defined in § 383.5, are eligible to receive a standard CDL if they meet all other eligibility requirements in § 383.71.  

Question 3: Are citizens of the Compact of Free Association (COFA) Nations (i.e., the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) eligible for a non-domiciled CLP or CDL?

Guidance:  Absent an exemption or waiver, COFA citizens, like all individuals domiciled in a foreign jurisdiction, must meet the requirements of 49 CFR Parts 383 and 384 in effect at the time of the CLP or CDL issuance, transfer, renewal, or upgrade. Only those applicants who provide “evidence of lawful immigration status,” as defined in § 383.5, showing that they are in the United States in one of the following employment-based nonimmigrant statuses will be permitted to obtain a non-domiciled CLP or CDL: H–2A (Temporary Agricultural Workers), H–2B (Temporary Non-Agricultural Workers), or E–2 (Treaty Investors). No other immigration statuses will be eligible for a non-domiciled CLP or CDL.

Question 4: May an SDLA use a Form I-797C (Notice of Action) as evidence of lawful immigration status, either alone or in combination with other immigration documents?

Guidance: No. SDLAs may not rely on the Form I-797C (Notice of Action) since the notice itself does not grant any immigration status or benefit. A Form I-797C may be merely a receipt proving an applicant has submitted a benefit request; therefore, it is not to be relied upon as evidence of lawful immigration status. SDLAs must rely only on the documents referenced in the definition of “evidence of lawful immigration status” in 49 CFR § 383.5.

Question 5:  May States continue to issue Restricted CDLs?

Guidance: Yes. States may continue to issue the Restricted CDLs authorized under 49 CFR § 383.3.  Applicants for a Restricted non-domiciled CDL must meet the eligibility requirements in § 383.3 for a restricted CDL, as well as present “evidence of lawful immigration status” as required by § 383.71(f) and defined in § 383.5.

Question 6: For non-domiciled CLPs and CDLs issued prior to the March 16, 2026 effective date of the February 13, 2026 Final Rule with an expiration date that exceeds the expiration of the driver’s lawful presence at the time of the issuance, should States revoke and reissue such licenses?

Guidance: FMCSA strongly encourages States to take immediate action to revoke all unexpired non-domiciled CLPs and CDLs that were not issued in compliance with 49 CFR Parts 383 and 384 in effect at the time the transaction occurred. Such non-domiciled CLPs and CDLs may be reissued only in accordance with 49 CFR Parts 383 and 384 in effect at the time of the reissuance. States are strongly encouraged to audit ALL unexpired non-domiciled CDLs and CLPs and identify all credentials that were not issued in compliance with 49 CFR Parts 383 and 384 in effect at the time the transaction occurred. If a non-domiciled CDL or CLP was issued for a period of validity that exceeded the expiration of the applicant’s lawful presence document(s), then that license was non-compliant with Federal Regulations at the time of issuance. In such cases, FMCSA strongly recommends that the State immediately revoke the credential and require the license holder to reapply for a non-domiciled CLP or CDL based on the current standards in effect. States are advised that during the Annual Program Review process, if FMCSA determines that existing non-domiciled CLPs and CDLs, issued before the March 16, 2026 effective date of the Final Rule (91 FR 7044), failed to comply with the FMCSRs in effect at the time of issuance, FMCSA may require, as part of the State’s corrective action plan, that the SDLA revoke those credentials and reissue them only if reissuance would be permitted under the current standards. In addition, any non-domiciled CLPs and CDLs issued on or after the March 16, 2026, effective date of the Final Rule that do not comply with the post-Final Rule framework must be revoked if required as part of the corrective action plan. States are advised that failure to address known non-compliant non-domiciled CLPs or CDLs may be identified as a finding of noncompliance during the Annual Program Review.

Question 7: When are SDLAs required to downgrade a non-domiciled CDL?

Guidance: Under 49 CFR § 383.73(f)(5), the State must complete a downgrade within 30 days, “[i]f after issuing (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL, the State receives information from FMCSA, the Department of Homeland Security, the Department of State, or other Federal agency with jurisdiction that the applicant no longer has lawful immigration status in the United States in a category specified in the definition of evidence of lawful immigration status in § 383.5.”

In addition, under 49 CFR § 383.73(m)(ii), if, during verification of an applicant’s evidence of lawful immigration status during a licensing transaction, the Systematic Alien Verification for Entitlements (SAVE) system does not confirm the applicant’s claim to be in lawful immigration status, the State must initiate downgrade procedures if the applicant holds an unexpired non-domiciled CLP or CDL.

Question 8: Is the State required to reissue previously issued non-domiciled CDLs that have “limited term” printed on the credential rather than “non-domiciled”?

Guidance: Previous FMCSA guidance, which was rescinded in the Final Rule, permitted States to use the terminology “limited term” on the face of the non-domiciled CDLs as a substitute for printing “non-domiciled” on the CLP or CDL. The Final Rule rescinded (effective March 16, 2026) FMCSA’s previous guidance and clarified that 49 CFR §§ 383.73(f)(2)(ii) and 383.153(c) require that the word ‘‘non-domiciled’’ appear on the face of a CLP or CDL and must ‘‘be conspicuously and unmistakably displayed.’’ If the State used the terminology “limited term” as a substitute for “non-domiciled,” on the face of the credential, in accordance with the previous (now-rescinded) FMCSA guidance, and the credential was otherwise properly issued, the State may wait until renewal or the next reissuance, transfer, upgrade, etc., to correct the language on the credential and reissue it in accordance with the current standards. However, because FMCSA’s previous guidance permitted use of the nomenclature “limited term” only, States that previously issued non-domiciled CDLs with nomenclature other than “limited term” as a substitute for “non-domiciled” on the face of the credential (such as “temporary”) are strongly encouraged to revoke and reissue the non-domiciled CDLs in accordance with the current standards. 

Question 9: Are States required to pause issuing non-domiciled CDLs until the State can comply with the Final Rule?

Guidance: All States not able to comply with the Final Rule on the March 16, 2026 effective date must immediately pause the issuance of non-domiciled CLPs or CDLs until the State can ensure non-domiciled CLPs and CDLs are issued in accordance with the revised standards. In addition, FMCSA strongly encourages States to take immediate action to revoke all unexpired noncompliant (with the 49 CFR Parts 383 and 384 standards in effect at the time of issuance) non-domiciled CLPs and CDLs and reissue the licenses only if the reissuances are permitted under the 49 CFR Parts 383 and 384 standards in effect at the time of the reissuance.

Question 10: For SDLAs in States where licenses are mailed from a central location, does the prohibition against granting non-domiciled CLP or CDL privileges on a temporary or interim basis prohibit SDLAs from providing drivers, who meet all requirements for a non-domiciled CLP or CDL, with a temporary document to use until they receive the actual CLP or CDL credential in the mail?

Guidance:  No. Under 49 CFR § 383.73(f)(3)(ii)(C), States are prohibited from granting non-domiciled CLP or CDL privileges on a temporary or interim basis pending review and validation of an applicant’s “evidence of lawful immigration status,” as defined in 49 CFR § 383.5. It does not prohibit a State from providing an applicant whose lawful immigration status it has verified, in accordance with 49 CFR § 383.73(m), with a temporary document pending receipt of the credential in the mail.

Question 11: Are States allowed to use VLS to meet the requirement to query SAVE?

Guidance: Under 49 CFR § 383.73(m)(2)(ii) and (iii), States are required to query the SAVE system administered by U.S. Citizenship and Immigration Services (USCIS) and retain proof of the SAVE verification in their records. States are therefore not permitted to use VLS unless the State can ensure that VLS is the functional equivalent of, and is merely a pass-through for, SAVE (e.g., because a query made through VLS automatically queries SAVE’s Application Programming Interface (API), which returns a response with the same data that would have been returned under an SDLA’s direct query to SAVE). FMCSA notes, however, that even if VLS is proven to be the functional equivalent and a pass-through for SAVE, USCIS has confirmed that VLS is being phased out and will no longer support updated features of SAVE. Therefore, States must continue to ensure that a VLS query will return the equivalent real time results as an SDLA’s direct query to SAVE, even as VLS is phased out and additional SAVE functionality is added.

Question 12:  Are States required to verify a driver’s evidence of lawful immigration status before reinstating a non-domiciled CLP or CDL after it was downgraded under the Clearinghouse or medical certification regulations or pursuant to a disqualification under 49 CFR § 383.51?

Guidance: Yes. FMCSA clarified in the final rule that reinstatement is a type of “issuance.” Accordingly, under 49 CFR § 383.73(f)(3)(ii), the State must verify the driver’s “evidence of lawful immigration status,” as defined in 49 CFR § 383.5, prior to reinstating a driver’s non-domiciled CLP or CDL privilege after a medical or Clearinghouse downgrade or after a disqualification. If the driver does not provide evidence of lawful immigration status, the State must not restore the CLP or CDL privilege to the license, since the driver is no longer eligible for a non-domiciled CLP or CDL.  Further, under 49 CFR 383.73(f)(6), such reinstatements must be conducted in-person only.

Question 13:   Are States required to verify a driver’s evidence of lawful immigration status before initiating action to upgrade a driver’s non-domiciled CLP or CDL?

Guidance: Yes. Under 49 CFR § 383.73(f)(3)(ii), the State must verify the driver’s evidence of lawful immigration status, as defined in 49 CFR § 383.5, when the State takes actions to upgrade a driver’s CLP or CDL privilege, such as when the State removes an intrastate-only (K) restriction.  This verification must be done even in instances where the action taken to upgrade a non-domiciled CLP or CDL is conducted through an automated process (such as the automatic removal of a K restriction for intrastate-only).

Question 14: May States accept transfers of non-domiciled CDLs?

Guidance:  States not in compliance on the March 16, 2026 effective date of the Final Rule must pause non-domiciled credential issuance, including transfers of non-domiciled CDLs (see 49 CFR § 383.73(f)(3)(ii)), until the State is able to comply with the revised standards, effective March 16, 2026. After the State is in compliance with the revised requirements, the State may resume accepting transfers of non-domiciled CDLs, provided the State issues non-domiciled CLPs and CDLs, if the applicant provides “evidence of lawful immigration status,” as required by 49 CFR § 383.71(f)(3)(i)(B) and as defined in 49 CFR § 383.5.

Question 15: Are States required to verify a driver’s evidence of lawful immigration status before posting or updating a non-domiciled CLP or CDL holder’s medical certification status?

Guidance: No. Merely posting or updating a non-domiciled CLP or CDL holder’s medical certification status under 49 CFR § 383.73(o), with the exception of reinstating the commercial privilege after a downgrade, does not constitute issuing, transferring, renewing,  or upgrading the CLP or CDL under 49 CFR § 383.73(f)(3)(ii).

Question 16: If an applicant obtained a non-domiciled CLP before the effective date of the Final Rule, is the CLP holder eligible for a non-domiciled CDL on or after the effective date if they cannot provide evidence of lawful immigration status?

Guidance: No. Drivers who obtained a non-domiciled CLP prior to the March 16, 2026 effective date of the Final Rule are not eligible for a non-domiciled CDL on or after the effective date of the Final Rule if they cannot provide “evidence of lawful immigration status” as required by 49 CFR § 383.71(f)(3)(i)(B) and as defined in 49 CFR § 383.5.

Question 17: If States issued a non-domiciled CDL to a DACA recipient who is a citizen of Mexico or Canada pursuant to previous FMCSA guidance, are States required to revoke and reissue the licenses under the revised standards set forth in the Final Rule?

Guidance: No.  The State is not required to revoke the non-domiciled CLP or CDL if it was properly issued in compliance with 49 CFR Parts 383 and 384 and FMCSA guidance in effect at the time of issuance.  However, if the State issues (which includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL), transfers, renews, or upgrades the nondomiciled CLP or CDL, the driver must meet the revised standards in 49 CFR Part 383 to be eligible.

Question 18: Is a “conditional” permanent resident who holds a valid unexpired Permanent Resident Card (I-551), issued by USCIS or INS, eligible for a CLP or CDL (either standard or non-domiciled)?

Guidance: Yes. A conditional permanent resident possessing a valid unexpired “permanent resident card” who is domiciled in a State is eligible to obtain a standard CLP or CDL under 49 CFR § 383.71(a)(5) and (b)(9). Table 1 to § 383.71 requires a valid, unexpired permanent resident card, issued by USCIS or INS, as proof of lawful permanent residency.

A conditional permanent resident possessing a valid unexpired “permanent resident” card who is domiciled in a U.S. territory (which is considered a foreign jurisdiction under the definition of “foreign” in 49 CFR § 383.5) is eligible to obtain a non-domiciled CDL under 49 CFR § 383.71(f)(1)(i), which requires “evidence of lawful immigration status” as defined in 49 CFR § 383.5.  The definition provides that, for applicants domiciled in Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, the evidence may be any of the documents specified in Table 1 of 49 CFR § 383.71 (which, as stated above, includes a valid, unexpired permanent resident card, issued by USCIS or INS as proof of lawful permanent residency).   

Question 19: Does the Final Rule limit the maximum term for non-domiciled CDLs to one year?

Guidance: Yes. Under 49 CFR § 383.73(f)(2)(iv), the State must ensure that the period of validity of the non-domiciled CLP or CDL does not exceed the Admit Until Date or expiration date on the applicant’s I–94/A or 1 year, whichever is sooner.

Question 20: What is the maximum term of non-domiciled CDL validity if the applicant’s I-94/A Admit Until Date is indefinite?

Guidance: Under 49 CFR § 383.73(f)(2)(iv), if the applicant’s I-94/A Admit Until Date contains no end date or is marked “D/S” to show it is valid for the duration of status, the State must ensure that the period of validity of the non-domiciled CLP or CDL does not exceed 1 year.

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Question 21: When an I-94 Admit Until Date differs from a SAVE query expiration date, which one is to be used?

Guidance: If the applicant provides an I-94 with an Admit Until Date that shows the I-94 is expired, even if the SAVE results show an unexpired I-94, the State must not issue the non-domiciled CLP or CDL. Under 49 CFR § 383.73(f)(2)(iv) and (m)(2)(ii), States must ensure that the period of validity of the non-domiciled CLP or CDL does not exceed the “Admit Until Date or expiration date on the applicant’s I-94/A or 1 year, whichever is sooner” and must query SAVE to confirm the applicant’s claim to be in a lawful immigration status in a category specified in paragraph (1)(ii) of the definition of “evidence of lawful immigration status” in 49 CFR § 383.5.

See the table below for examples of how the document verification requirements of the Final Rule apply on or after the March 16, 2026 effective date of the Final Rule, when EADs are no longer accepted:

Question 22: Are drivers required to present, and States required to verify, evidence of lawful immigration status for transactions involving issuing a duplicate non-domiciled CDL or processing an address change?

Guidance: Yes. In accordance with 49 CFR § 383.73(f)(3)(ii) and (m)(2), issuance includes amending, correcting, reprinting, reinstating, or otherwise duplicating a previously issued CLP or CDL. Accordingly, States are required to verify the evidence of lawful immigration status presented by the driver for these transactions. Further, under 49 CFR § 383.73(f)(6), drivers are required to appear in-person for these transactions.   

Question 23: Can a driver domiciled in Mexico or Canada who has NEVER held a CDL in those countries obtain a Non-Domiciled CDL?

Guidance: No.

Question 24: May States model non-domiciled CLP or CDL downgrades, pursuant to 49 CFR § 383.73(f)(5) and (m)(2)(ii), on existing state procedures for downgrading CLPs and CDLs related to medical certification (49 CFR § 373.73(o)) and the Drug and Alcohol Clearinghouse (49 CFR § 383.73(q))?

Guidance: Yes, the downgrade must be completed and recorded on the CDLIS driver record within 30 days of the State’s receipt of such information. Under 49 CFR § 384.225(a), the State must post and maintain, as part of the CDLIS driver record, all licensing actions, including disqualifications and the removal of the CLP or CDL privilege, ensuring the record accurately reflects the driver's current ineligibility.

Question 25: Are States required to process non-domiciled CLP and CDL downgrades, pursuant to 49 CFR § 383.73(f)(5) and (m)(2)(ii), as a license “revocation”?

Guidance: No. The term “downgrade,” as used in 49 CFR § 383.75(f)(5), means the State's removal of the CLP or CDL privilege from the driver's license, as set forth in paragraph (4) of the definition of CDL downgrade in § 383.5.

Question 26: Is it permissible to place the word “non-domiciled” on the rear of a CLP or CDL?

Guidance: No. The Final Rule supersedes any past guidance on this issue and clarifies that 49 CFR §§ 383.73(f)(2)(ii) and 383.153(c) require that the word ‘‘non-domiciled’’ must ‘‘be conspicuously and unmistakably displayed’’ on the face of the CLP or CDL when a State issues a nondomiciled CLP or CDL. States may not use other nomenclature (such as ‘‘limited term’’ or ‘‘temporary’’) as a substitute for ‘‘non-domiciled.”

Question 27:   Is adding a non-domiciled restriction to an existing CDL design considered “conspicuously and unmistakably displayed”?

Guidance: No. As required in 49 CFR §§ 383.73(f)(2)(ii) and 383.153(c), the word “non-domiciled” must appear on the face of a CLP or CDL. Adding a non-domiciled restriction does not meet the requirement because the practice reduces the word “non-domiciled” to a code or letter that is not conspicuous and could be mistaken for a different restriction.

Question 28: Are States permitted to provide due process proceedings for drivers subject to a non-domiciled CLP or CDL downgrade, pursuant to 49 CFR § 383.73(f)(5) and (m)(2)(ii)?

Guidance: Yes.  Under 49 CFR § 383.73(f)(5), States are required to initiate established State procedures for downgrading the non-domiciled CLP or CDL. In many States, those procedures include due process proceedings. Under 49 CFR § 383.73(f)(5), the downgrade must be completed and recorded on the CDLIS driver record within 30 days, which provides States sufficient time for administrative proceedings.

Question 29: The final rule requires states to, “Provide copies of all documents involved in the licensing process to FMCSA within 48 hours after request” (49 CFR § 384.212(a)(1)(ii)). Does the 48 hours include weekends and holidays?

Guidance: The regulation does not distinguish business days and weekends. FMCSA recommends working with the FMCSA Division Office for those requests that will overlap with a weekend or holiday.

Question 30: Does the Final Rule eliminate FMCSA’s 2025 APR findings of noncompliance related to non-domiciled CDL eligibility or FMCSA’s authority to issue future findings in this regard?

Guidance: No. The Final Rule does not eliminate FMCSA’s 2025 APR findings of noncompliance or the Agency’s authority to issue findings in the future. States remain responsible for ensuring that only eligible individuals receive non-domiciled CLPs or CDLs. Credentials issued in error, or maintained after a loss of lawful immigration status, remain subject to downgrade by the SDLA under 49 CFR Parts 383 and 384.

Question 31: Does FMCSA expect SDLAs to update internal procedures or training materials as a result of the Final Rule?

Guidance: Yes. FMCSA expects SDLAs to update policies, procedures, and training materials to ensure consistent application of the revised standards. States should ensure staff responsible for non-domiciled CLP and CDL issuance are trained on eligibility requirements, SAVE verification, downgrade triggers, and credential marking requirements.

Question 32: When issuing non-domiciled CLPs and CDLs, may a State accept a Form I–797A, Notice of Action, issued by the United States Citizenship and Immigration Services (USCIS), when presented with the applicant’s unexpired foreign passport, to satisfy the requirement in 49 CFR § 383.73(f)(3)(ii)(A) that the State verify the applicant’s evidence of lawful immigration status?

Guidance: Yes, provided that the Form I–797A displays the period of validity (“VALID FROM” and “UNTIL” dates, or is marked as “Duration of Status” or “D/S” for the “UNTIL” date area) of the applicant’s authorized stay and indicates that the applicant is in one of the permissible immigration classifications: H–2A, H–2B, or E–2. The reason the State may accept the USCIS Form I–797A with the applicant’s unexpired foreign passport under 49 CFR § 383.73(f)(3)(ii)(A) is because USCIS issues this document as a replacement Form I–94 (an arrival and departure record).  See Note to Question 32.  Under 8 CFR § 1.4, the Department of Homeland Security (DHS) defines the term “Form I–94,” as used in Chapter I of Title 8, to include “the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format, which is made available to the person about whom the information has been collected, as may be prescribed by DHS.” Accordingly, an SDLA may treat the Form I–797A as a substitute for an applicant’s I–94/I–94A.

Under 49 CFR § 383.73(f)(2)(iv) and (m)(2)(ii), States must ensure that the period of validity of the non-domiciled credential does not exceed the “UNTIL” date on the applicant’s I-797A or 1 year, whichever is sooner, and must query SAVE to confirm the applicant’s claim to be in a lawful immigration status in a category (i.e., H–2A, H–2B, or E–2) specified in paragraph (1)(ii) of the definition of “evidence of lawful immigration status” in 49 CFR § 383.5. If the SAVE result displays an “Admit Until Date” that is different from the “UNTIL” date on the I-797A, the SDLA must use the shorter of the two dates to calculate the validity of the credential and must not, in any case, issue the credential for a period of validity that exceeds 1 year.

Note to Question 32: See https://www.uscis.gov/forms/filing-guidance/form-i-797-types-and-functi…. USCIS explained, “This typically means that USCIS approved an applicant’s change of status so they can legally continue to remain in the United States” and the image of the Form I–797A provided on USCIS’s website states at the top, “PLEASE TEAR OFF FORM I–94 PRINTED BELOW, AND STAPLE TO ORIGINAL I–94 IF AVAILABLE.” See https://www.uscis.gov/save/about-save/i-94-quick-reference-guide-for-local-state-and-federal-agencies.

Contact Info: FMCSA Commercial Driver's License Division, cdlcompliance@dot.gov

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Note: Guidance is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with guidance (as distinct from existing statutes and regulations) is voluntary only, and non-conformity will not affect rights and obligations under existing statutes and regulations. The FAQs provided above are each supported by specific regulatory requirements as referenced in the “Guidance” answers.