Court Issues Stay on FMCSA Rule for Non-Domiciled CDL Holders

On Sept. 29, 2025, FMCSA issued a rule limiting non-domiciled CDLs/CLPs to H-2A, H-2B, and E-2 visa holders. 

The U.S. Court of Appeals for the D.C. Circuit issued an administrative stay effective Nov. 10, followed by an emergency stay on Nov. 13, temporarily pausing enforcement. 

While the stay is in effect, Iowa DOT will continue issuing/renewing under prior rules and is monitoring the case and FMCSA guidance.

CDL Requirements

How do I get a CDL?

Step 1 - Knowledge Test

Pass the CDL knowledge tests. required for the type of commercial vehicle you want to operate.

Step 4 - Skills & Drive

Pass the CDL skills and drive test.

After passing the skills and drive test you will be issued your CDL.

Proof of Citizenship

You must bring one of the of the following documents to prove citizenship or lawful presence in the U.S.

U.S. Citizens

  • Certified copy of U.S. birth certificate
  • Valid U.S. passport
  • Consular Report of Birth Abroad (CRBA)
  • Certificate of Naturalization
  • Certificate of Citizenship

Permanent Resident

  • Permanent resident card (lawful permanent residents)

Temporary Foreign National

Individuals that are not citizens of the U.S., lawful permanent residents (green card/I-551 holders), or citizens of Canada or Mexico may present the following documents for issuance of a non-domiciled CDL:

  • Unexpired Employment Authorization Document (EAD).
  • Unexpired foreign passport with an I-94 document. 

NOTE: Applicants who are citizens of Mexico or Canada, with the exception of citizens of Mexico that are DACA recipients, cannot obtain or renew a non-domiciled CDL or CLP according to regulations under 49 CFR § 383.71 and § 383.23.

FMCSA has determined that commercial licenses issued by Canadian provinces and territories, and the United Mexican States, are in accordance with the standards established by FMCSA rules.

All Mexican and Canadian drivers who are in the U.S. on temporary status must have an appropriate commercial license from their home country to operate commercial vehicles within the U.S.

Do I Need a Commercial Driver's License?

Not sure if you need a Commercial Driver's License? Answer a few questions to find out.