Per Federal Regulation 383.71(b)(9), the person applying for a commercial driver's license must provide proof of citizenship or lawful permanent residency as specified in the table below.

A person may be eligible to obtain a non-domiciled CLP and CDL. Individuals eligible for a Non-domiciled CLP or CDL are as follows:

Applicants domiciled in a foreign jurisdiction (except Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Norther Mariana Islands) must present evidence of a lawful immigration status. Evidence of lawful immigration status is only acceptable with the following:

1. An unexpired foreign passport; and
2. An unexpired Form I-94A/94A issued by the U.S Department of Homeland Security indicating one of the following classifications:
   
   
   • H-2A Temporary Agricultural Workers
   • H-2B Temporary Non-Agricultural Workers
   • E-2 Treaty Investors

No other immigration categories are eligible for a non-domiciled CLP or CDL under the final rule effective 3/16/2026 by FMCSA. Individuals excluded from eligibility include asylum seekers, asylees, refugees, and Deferred Action for Childhood Arrivals (DACA) recipients. Employment Authorization Documents (EAD) are no longer allowed to be accepted for issuance of a non-domiciled CLP/CDL.

For additional information, please see FMCSA’s FAQs.

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