Many Ukrainians in the United States drive trucks or own trucking companies. But as of March 16, 2026, some of these individuals are no longer allowed to operate such vehicles. A new rule that went into effect severely restricts which categories of noncitizens are eligible to hold Commercial Driver’s Licenses (CDLs) that are required to drive trucks and other commercial vehicles.


The Federal Motor Carrier Safety Administration (FMCSA) implemented a strict rule this spring amending eligibility for Non-Domiciled Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs). The rule restricts these licenses to only three types of visa holders and requires mandatory federal immigration checks through the SAVE system. The FMCSA sets strict, nationwide standards for CDLs, which impact drivers at the state level. As a result, most noncitizens — including humanitarian parolees — are NOT eligible for a non-domiciled CDL or CLP, even if they are authorized to work.


Federal law requires a driver to hold a valid CDL or CLP to operate vehicles above a certain weight or that carry 16 or more people. There can be serious civil and criminal consequences for knowingly driving a commercial vehicle without a CDL or CLP.

U.S. citizens and Lawful Permanent Residents (LPRs) who permanently reside in a U.S. state are considered “domiciled” and are eligible for a standard, resident Commercial Driver’s License (CDL).


However, drivers who are neither U.S. citizens nor Lawful Permanent Residents (green card holders) must obtain a Non-Domiciled CDL or CLP. The exception is citizens of Canada and Mexico, who require a CDL from their country of origin rather than a U.S. state-issued non-domiciled CDL.


Under the FMCSA non-domiciled final rule that took effect on March 16, 2026, states may ONLY issue or renew Non-Domiciled CDLs/CLPs to drivers who have an H-2A, H-2B, or E-2 visa. No CDLs or CLPs will be renewed or issued for drivers without those visas.

Eligible applicants must provide an unexpired foreign passport along with specific Form I-94 documentation showing one of the following statuses:

  • H-2A visa holders (agricultural workers)
  • H-2B visa holders (non-agricultural workers)
  • E-2 visa holders (treaty investors)

No other nonimmigrant status holders are eligible. This effectively EXCLUDES the following categories of noncitizens from holding a CDL/CLP:

  • individuals with humanitarian parole
  • DACA recipients
  • Temporary Protected Status (TPSD) grantees
  • Refugees
  • applicants for asylum
  • individuals with U- and T-Visas (victims of crime or human trafficking)
  • individuals with deferred action
  • all other types of nonimmigrant (temporary) visa holders

This means Uniting for Ukraine (U4U) humanitarian parolees and TPS grantees are no longer eligible, even if they previously held or currently hold a valid CDL/CLP.

The Department of Transportation (DOT) will no longer accept an Employment Authorization Document (EAD) as proof of eligibility for a CDL/CLP, since holding an EAD is insufficient.


State DMVs must use a federal database called Systematic Alien Verification for Entitlements (SAVE) to confirm immigration status of license or permit applicants.

States are encouraged to take immediate action to audit all unexpired non-domiciled CDLs and CLPs and identify credentials that were not issued in compliance with the regulations. States are also encouraged to revoke all unexpired non-domiciled CLPs and CDLs that were not issued in compliance with the federal regulations. Non-domiciled CLPs and CDLs may only be reissued in accordance with the regulations. Moreover, state DMVs are encouraged to downgrade any existing non-domiciled CDLs and CLPs if the driver’s immigration status does not align with the three approved visa types.

Some states such as California, Washington, Colorado, Pennsylvania, and New York, have been told to pause processing of Non-Domiciled CDLs/CLPs entirely until the state provides evidence that they comply with federal requirements in place prior to DOT’s Interim Final Rule issued on September 29, 2025. Other states have decided to pause issuing Non-Domiciled CDLs and CLPs on their own. At least one state, Nevada, has announced it is phasing out Non-Domiciled CDLs/CLPs and will not issue or replace CDLs. California and New York are in ongoing disputes with the Department of Transportation.

What does this mean for Uniting for Ukraine (U4U) humanitarian parolees, TPS grantees, and Ukrainians with visas other than the H-2A, H-2B, or E-2 work visas? For most of them, it means they are barred from obtaining or renewing a Commercial Driver’s License (CDL) or Commercial Learner’s Permit (CLP). Meanwhile, those who currently hold a valid CDL/CLP are no longer considered to be in compliance with federal regulations.

The new rule also exposes Ukrainians who drive trucks but do not have an H-2A, H-2B, or E-2 work visa to greater risk of being stopped, inspected, or detained. In fact, a large percentage of Ukrainians who have been detained in the past year were driving trucks or other commercial vehicles. Police and state transportation authorities are actively targeting noncitizens for enforcement. A number of Ukrainian truck drivers have been arrested at weigh stations and during traffic stops. Many of them end up in immigration detention, and some have even been deported from the United States.

Although the new final rule is actively being challenged in court, it is currently in effect. In May, the U.S. Court of Appeals for the D.C. Circuit denied emergency motions filed by labor unions and affected workers seeking to stay enforcement of the final rule. At the same time, the court expedited merits review of the consolidated challenges. The judges issued a joint statement indicating that the petitioners were unlikely to succeed on several core arguments, including claims that FMCSA lacked statutory authority or acted arbitrarily in restricting eligibility for non-domiciled CDLs. The court specifically emphasized that the final rule was intended to ensure that vetting of foreign drivers is “no less rigorous” than vetting applied to U.S.-domiciled drivers.

More information about the final rule can be found here:

https://www.fmcsa.dot.gov/regulations/non-domiciled-cdl-2026-final-rule-faqs

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This information is intended for educational purposes only and should not be taken as legal advice. By reading this, you agree that this information is not a substitute for legal counsel and does not establish an attorney-client relationship. Please note that we are not able to offer direct filing assistance or personalized legal advice through this forum. Please consult a qualified attorney to discuss your own situation and to obtain assistance with specific matters. If you do not have an immigration attorney, you may try contacting an attorney listed on this page: https://ukrainetaskforce.org/legal-assistance-providers/