The Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule on September 29, 2025 that sharply limits when state DMVs can issue or renew non-domiciled commercial driver’s licenses (CDLs). States must pause non-compliant issuances, verify immigration status at issuance and renewal, align credential expirations with I-94 (Arrival/Departure Record) dates, retain more documentation, and identify and downgrade previously issued, non-compliant NDLs.  

States may issue U.S. non-domiciled CDLs only to certain visa categories, including H-2A and H-2B. A standalone Employment Authorization Document (EAD) is no longer enough. This change does not affect the long-standing reciprocity for drivers domiciled in Mexico or Canada, who may operate in the U.S. with a valid Mexican federal CDL or Canadian CDL from their home jurisdiction. Those drivers are not eligible for a U.S. non-domiciled CDL because they use their home-country CDL here. In any event, under federal law, all commercial motor vehicle (CMV) drivers must be able to “read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.” As reported here, the Trump Administration has taken action to strengthen English language proficiency enforcement. 

For many Ag employers, day-to-day impact may be modest because the large majority of H-2A workers are Mexican nationals who can drive on a valid Mexican Licencia Federal under reciprocity. The bigger friction will be for non-Mexican and non-Canadian H-2A drivers who need a U.S. non-domiciled CDL. They remain eligible, but the process is now more stringent, more frequent, and tied to immigration expiration dates. 

In California, those driving a Farm Labor Vehicle (FLV) are still required to obtain the appropriate CDL class with passenger endorsement and a CHP Special Driver Certificate (DL-45). The federal ag exemptions and reciprocity do not replace these California requirements.  

Practical steps for members 

• Inventory current drivers. Identify anyone holding a U.S. non-domiciled CDL based on EAD or other now-ineligible categories and anticipate downgrades at renewal. 

• Leverage reciprocity. For Mexican and Canadian drivers, ensure their home-country CDLs are valid and match the vehicle class and use. (FMCSA) 

• Budget time for non-Mex/Canadian H-2A drivers. Expect Systematic Alien Verification for Entitlements (SAVE) checks, I-94-linked expirations, and in-person renewals.  

• California FLV compliance. Confirm CDL class and passenger endorsement plus CHP DL-45, and keep annual FLV inspections current.  

• Use ag exemptions correctly. Document the basis for Covered Farm Vehicle (CFV)  or farmer-waiver use, train dispatch and drivers on the 150 air-mile radius and qualifying cargo, and default to CDL operations when any leg becomes for-hire or involves placarded hazmat.