FMCSA Finalizes Non-Domiciled CDL Rule and will publish it on February 13, 2026. Rule’s Major Requirements Identical to Interim Final Rule. Effective 30 days after publication.

The Final Rule will be officially published in the Federal Register on Friday, February 13, 2026 and will be found at: https://www.federalregister.gov/public-inspection/2026-02965/restoring-integrity-to-the-issuance-of-non-domiciled-commercial-drivers-licenses-cdl

Scopelitis

 The FMCSA will publish its final rule on non-domiciled CDLs on February 13, 2026. The rule will be effective 30 days after publication. In response to the over 8,000 comments (the majority of which were against the rule), the rule makes no substantive changes from the Interim Final Rule. The rule restricts eligibility for non-domiciled CDL licenses to H-2A, H-2B, and E-2 Visa holders. The FMCSA rejected calls to revise the rule, saying that the systematic failures of the non-domiciled issuance process and the need for consistency in how non-domiciled CDLs are issued support their actions. The FMCSA notes that the enhanced vetting and interagency screening required for the identified visa holders serves as a functional proxy for driver history vetting otherwise required for U.S. drivers.

Given the avalanche of public comments, it is nearly certain that the rule will be appealed in court. And it is possible the appellants will seek to stay the implementation date to preserve the status quo during any appeal. Expect the FMCSA to vigorously oppose any request for stay – citing the “widespread and systematic failures” in the non-domiciled issuance process and recent crashes as evidence of the need for immediate action.

Importantly — the rule does not require States to cancel validly issued non-domiciled licenses, but at the next licensing transaction following the effective date of the final rule, States are required to apply new eligibility standards.

The FMCSA notes that the five-year attrition (based on potential length of existing licenses) will assist in mitigating any impact on motor carriers. However, the states have had vastly different responses to the Interim Final Rule, which has added significant complexity to the current non-domiciled licensing environment. This will likely continue while litigation related to the Final Rule plays out, making compliance challenging. Motor carriers should thoughtfully and deliberately plan for these potential changes by understanding, considering, and addressing all relevant risks.

Find the final rule here;  2026-02965