Understanding U.S. Department of Transportation Changes for Non-Domiciled Commercial Driver’s Licenses

In Nov. 2025 and Dec. 2025, approximately 20,000 total individuals received a letter or an email from the California DMV notifying them that their CDL is not consistent with California law because of an issue with the expiration dates of their commercial license and work authorization. The notification also informed drivers that their CDL would be cancelled unless they provide legal presence documents that meet guidelines in DOT’s Interim Final Rule.

In March 2026, the Superior Court of California, Alameda County declined to stop or postpone license cancellations set for March 6. However, through our lawsuit with Sikh Coalition and Weil, Gotshal & Manges LLP, the court did provide some relief for drivers in its March ruling. The CA-DMV is now accepting and processing CDL and DL applications on its website.

If your CDL was cancelled because your work authorization expires before your CDL, we strongly recommend applying for your driver’s license (DL) before your CDL. This is because you are not allowed to file both applications for your CDL and DL at the same time. Receiving your DL first will allow you to drive your personal vehicles day-to-day as well as continue to drive for ride-sharing platforms (Uber, Lyft, etc.) if applicable without issue.

How to apply for your DL:

1. Fill out an online application
2. Schedule your in-office appointment; the DMV is offering priority appointments to impacted drivers by calling (916) 306-5153.
   1. At your appointment, be ready to:
      1. Turn in your cancelled DL to the DMV
      2. Bring any notices you received from the DMV
      3. Bring proof of identity and residency documents
      4. Pay a nonrefundable application fee
      5. Take a vision test
      6. Take a photo for your new DL

Once you receive your DL in the mail, you should apply for your CDL. Please note that at this time, we do not know when the DMV will begin issuing corrected CDLs.

How to apply for your CDL:

1. Fill out an online application
2. Register for an expedited in-person DMV appointment online
   

The DMV’s cancellation notice was sent to you in error if:

1. Your CDL and work authorization expiration date match, or
2. Your CDL expiration date comes before the expiration date of the work authorization you provided to the DMV (in other words, the work authorization you used to apply for or renew your CDL)

If either of the above are true, please call the DMV at 916-306-5153 as soon as possible.

Please contact the Sikh Coalition’s Trucker Hotline at (212) 287-9169 and/or Asian Law Caucus at immigranttruckers@asianlawcaucus.org or call at (415) 300-0853 (Ext: 1065) if:

• You are having trouble submitting a CDL or DL application
• You are having issues receiving your DL
• Your CDL was cancelled in error, and the DMV is not helping (once again, a cancellation in error means the expiration date of your CDL either matches or is after the expiration date of the work authorization you provided to the DMV, at the time you applied or when you renewed your CDL)

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. The CDL or CLP for drivers who are neither a U.S. citizen nor a lawful permanent resident is called a Non-Domiciled CDL or CLP. (For citizens of Canada and Mexico, federal law requires a CDL from the country of origin, rather than a non-domiciled CDL.)

The final rule is set to take effect on March 16, 2026 and it closely follows the interim rule previously issued in Sept. 2025. Under the final rule, states may issue or renew Non-Domiciled CDL or CLP only to drivers who have an H-2A, H-2B, or E-2 visa. This means that no CDLs or CLPs will be renewed or issued for drivers without those visas, including:

• DACA recipients
• Temporary Protected Status holders
• Refugees
• Asylum applicants
• People with U- and T-Visas for victims of crime or human trafficking
• People with deferred action
• People with humanitarian parole

Similar to the Sept. 2025 interim rule, the final version of the rule states:

• DOT will no longer accept an Employment Authorization Document (EAD) as proof of eligibility
• State DMVs must use a federal database called Systematic Alien Verification for Entitlements (SAVE) to confirm immigration status of license or permit applicants

Previously federal law required that applicants for Non-Domiciled CDLs or CLPs provide either:

• an unexpired Employment Authorization Document (EAD), commonly called a “work permit”
• or an unexpired passport with an I-94 form documenting the driver’s most recent entry to the United States when they first applied for a CDL or CLP.

While some states imposed additional requirements, there were no other federal requirements based on immigration status or history.

As part of DOT’s review of the highway funds it provides to states, some states such as California, Washington, Texas, Colorado, South Dakota, Minnesota, Pennsylvania, and New York have been told to pause processing of these licenses and permits 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, on their own, to pause issuing Non-Domiciled CDLs and CLPs. At least one state, Nevada, has announced that they are phasing out Non-Domiciled CDLs and CLPs, and are not issuing or replacing CDLs.

We therefore recommend that you first call your state licensing agency to see if they have resumed processing of Non-Domiciled CDLs and CLPs. If they have not, this could be an opportunity to gather the documentation you might need if or when your state resumes processing.

Yes. Unless the state licensing agency acts to downgrade or revoke your Non-Domiciled CDL or CLP, it remains valid. Before beginning a trip you may wish to prepare for a potential traffic stop by confirming that your license remains valid. Depending on the state, you may be able to check the status of your license online. You should confirm that the agency that issued your CDL or CLP has an accurate address for you where you can receive mail and/or email. 

If you receive a notice that your Non-Domiciled CDL or CLP has been downgraded or revoked, read it carefully. There may also be an opportunity to appeal the decision, and the notice will inform you whether your CDL or CLP remains valid during the appeal. There can be serious civil and criminal consequences for knowingly driving a commercial vehicle without a CDL or CLP.

• Remain calm.
• You have the right to remain silent.
• You do not need to answer any questions about your immigration status or country of origin.
• Try to obtain the name, badge number, and agency of the officer who pulled you over.
• Write down or record a voice note about the other aspects of the stop, including the location, driving conditions, and any other drivers that you notice were also stopped.

If you had not already received notice that your CDL or CLP had been terminated, you should not receive a penalty for having driven your commercial vehicle up to that point. However, during the traffic stop, the officer could inform you that you are no longer entitled to operate a commercial vehicle. In this situation, your vehicle and load may be impounded, and you may need to find an alternative way of getting home.