Texas Resumes Non-Domiciled CDLs for H-2A Farm Workers After FMCSA Approval

Which visa holders can now get a non-domiciled CDL in Texas?

Texas Department of Public Safety (DPS) resumed issuing non-domiciled commercial driver's licenses and learner permits to H-2A agricultural workers effective Monday, June 2, 2026, after receiving federal approval under revised U.S. Department of Transportation rules. The state currently has authorization to process only H-2A CDL and commercial learner permit (CLP) applications. Guidance for H-2B and E-2 visa holders is expected later.

The reopening comes less than three months after new Federal Motor Carrier Safety Administration (FMCSA) regulations sharply narrowed eligibility for non-domiciled CDLs, limiting them to holders of H-2A, H-2B, and E-2 visas. The rule change, which took effect in March 2026, eliminated non-domiciled CDL eligibility for most other visa categories and triggered a legal challenge that moved to oral arguments after a federal court denied a stay request in May.

What documents do H-2A workers need to apply?

Applicants seeking a non-domiciled CDL in Texas must appear in person at a DPS driver's license office and provide an unexpired foreign passport, visa documentation, and proof of H-2A status. Under federal rules, the licenses cannot exceed the validity period of the visa or one year, whichever is shorter.

The H-2A visa program allows U.S. employers to bring foreign nationals into the country for temporary agricultural work when domestic workers are unavailable. The program is administered by the U.S. Department of Labor and U.S. Citizenship and Immigration Services. Workers on H-2A visas are authorized to work only for the employer and in the occupation specified on their visa petition.

Why did Texas stop issuing non-domiciled CDLs?

Texas suspended non-domiciled CDL issuance after FMCSA published the final rule restricting eligibility to H-2A, H-2B, and E-2 visa holders. The rule eliminated a broader category of non-domiciled CDLs that had been available to foreign nationals who did not have lawful permanent residence or temporary lawful status in the United States but were authorized to work.

The FMCSA rule change required states to obtain new federal approval for their non-domiciled CDL programs under the narrower eligibility criteria. Texas DPS announced Monday that it has received that approval for H-2A workers and is now processing applications again.

H-2B visas cover temporary non-agricultural workers, including those in construction, hospitality, and landscaping. E-2 visas are issued to nationals of countries with which the United States maintains treaties of commerce and navigation, allowing them to enter the U.S. to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital.

What happens to H-2B and E-2 applicants?

Texas officials said guidance for H-2B and E-2 visa holders is expected later. The state has not provided a timeline for when those categories will be available. Applicants in those visa categories cannot obtain a non-domiciled CDL in Texas until DPS receives federal approval and issues updated guidance.

The staggered rollout reflects the administrative burden states face in aligning their CDL programs with the new federal eligibility rules. Each visa category requires separate documentation and verification procedures, and states must demonstrate to FMCSA that they can enforce the new restrictions before resuming issuance.

What small fleets need to know about non-domiciled CDLs

Carriers hiring drivers with non-domiciled CDLs must verify that the license is valid and that the driver's visa status authorizes the work being performed. A non-domiciled CDL is valid only for the period of the underlying visa, up to a maximum of one year. Carriers must track expiration dates and ensure drivers renew both their visa and their CDL before either expires.

Drivers with non-domiciled CDLs are subject to the same FMCSA safety regulations as drivers with standard CDLs, including hours-of-service rules, drug and alcohol testing, and medical certification requirements. A non-domiciled CDL does not exempt a driver from any federal safety regulation.

Carriers should also be aware that non-domiciled CDL holders may face restrictions on the types of cargo they can haul or the states in which they can operate, depending on the terms of their visa. H-2A workers, for example, are authorized only for agricultural work and only for the employer named on their visa petition. Using an H-2A worker to haul non-agricultural freight or to drive for a different employer violates federal immigration law and can result in penalties for both the carrier and the driver.

What to do if your driver's non-domiciled CDL expires

If a driver's non-domiciled CDL expires because their visa expires, the driver cannot legally operate a commercial motor vehicle until they renew both the visa and the CDL. Carriers must pull the driver from service immediately upon expiration. Operating with an expired CDL is a violation that will trigger an out-of-service order during a roadside inspection and will add points to the carrier's CSA (Compliance, Safety, Accountability) score under the Driver Fitness BASIC (Behavior Analysis and Safety Improvement Category).

Carriers should implement a 30-day advance warning system for non-domiciled CDL expirations. Because the CDL is tied to visa status, renewal can take longer than a standard CDL renewal if the driver must also renew their visa. Build buffer time into your compliance calendar.