The truck driver visa freeze is over. The hiring squeeze is not.
In August 2025 the State Department stopped issuing work visas to foreign truck drivers. That pause has ended, but the licensing rules that followed it reach drivers already on the road, on a schedule you can plan around.
Written by Gabriel Gonzalez
The new driver rules in numbers
The truck driver visa freeze, the State Department's pause on work visas for commercial truck drivers announced August 21, 2025, is over: State issues them again under stricter vetting. The bigger change is FMCSA's rule limiting non-domiciled CDLs to H-2A, H-2B, and E-2 holders since March 16, 2026.
I have spent more than 22 years at Simplex, nearly 16 of them as COO, and today I lead revenue strategy. When a policy like this lands, I look at seats: how many drivers leave the pool, how fast, and what a carrier can plan for.
The headline was the visa pause. For most fleets, the license rule that came after it matters more, because it reaches drivers who are already on your roster.
The full briefing, read aloud
8 chapters. Select one to jump to it.
Generated with AI text-to-speech from this article's key insights, in order, rather than reading it word for word. Chapter times come from a transcript of the audio. The article itself was written and reviewed by Gabriel Gonzalez.
Key takeaways
The freeze began August 21, 2025
The State Department paused work visas for commercial truck drivers, naming H-2B, E-2, and EB-3 applicants, while it reviewed its vetting.
Visas are flowing again, with stricter checks
State now checks English skills, a U.S. or U.S.-recognized CDL, and a history of safe truck driving before it issues one.
Only three visa classes qualify for a non-domiciled CDL
Since March 16, 2026, a driver domiciled abroad needs H-2A, H-2B, or E-2 status. A work permit alone no longer qualifies.
Existing licenses run out at renewal
FMCSA expects about 194,000 non-domiciled CDL holders to leave the freight market over roughly five years.
Job orders must state an English standard
Since June 15, 2026, the Labor Department requires it in labor certification filings for jobs that involve driving a CMV.
In this articleContents
What was the truck driver visa freeze?
It was a State Department pause on work visas for foreign commercial truck drivers. On August 21, 2025, Secretary of State Marco Rubio announced it would take effect immediately, saying the growing number of foreign drivers was “endangering American lives and undercutting the livelihoods of American truckers.”
A State spokesperson told trade press the pause applied to all nationalities and covered applicants seeking to drive commercial trucks under H-2B, E-2, and EB-3 visas, while the department reviewed its screening and vetting.
The pause never touched licenses. Visas are federal, and CDLs are issued by states. The licensing change came separately, when FMCSA published its first non-domiciled CDL rule on September 29, 2025.
Is the truck driver visa freeze still in effect?
No. The State Department is issuing these visas again, under stricter standards. A State spokesperson confirmed the restart to Transport Topics on May 22, 2026, without giving a restart date, and said vetting had been updated on December 20, 2025, with the Departments of Transportation, Labor, and Homeland Security.
State says it now checks that each applicant has:
- Sufficient English language skills
- A valid U.S.-issued or U.S.-recognized CDL, or the ability to obtain one
- A prior history of safe commercial truck operation
FMCSA's February 2026 final rule describes the same review: consular officers handling H-2A, H-2B, and E-2 applications for driving jobs generally request 10 years of driving history, past traffic violations, and any suspensions or revocations.
| Agency | What changed | Since |
|---|---|---|
| State Department | Visa pause, then stricter vetting of English, CDL eligibility, and driving history | Paused Aug 21, 2025; vetting updated Dec 20, 2025 |
| FMCSA | Non-domiciled CDLs limited to H-2A, H-2B, and E-2 holders | March 16, 2026 |
| Department of Labor | Driving job orders must state an English proficiency standard | June 15, 2026 |
The Labor Department's requirement covers H-2A, H-2B, and permanent labor certification filings. A filing without the English standard can get a notice of deficiency and, if it is not fixed, a denial. DOL's FAQ supplies sample wording taken from the FMCSA rule.
Who can get a non-domiciled CDL now?
Only drivers in H-2A, H-2B, or E-2 status. Since March 16, 2026, an applicant domiciled abroad must show an unexpired foreign passport and an I-94 in one of those three classifications, under 49 CFR 383.5. An employment authorization document on its own no longer qualifies.
U.S. citizens and lawful permanent residents are not affected. They apply for a regular CDL with proof of citizenship or permanent residency.
What changes for drivers who already hold one?
Properly issued licenses are not revoked early. The new rules apply at the next licensing transaction, such as a renewal, transfer, upgrade, or even a reprint. From then on, under 49 CFR 383.73:
- The license says “non-domiciled” on its face
- It runs no longer than the I-94 date or one year, whichever comes first
- Every issuance or renewal is in person, after an immigration status check in the federal SAVE system
- The state must downgrade it within 30 days of learning the driver lost eligible status
What about B-1 drivers?
B-1 is not a path to domestic hauling. CBP admits foreign drivers as B-1 visitors to pick up or deliver cargo moving in international commerce. Point-to-point hauling within the United States is not permitted, and a U.S. carrier may use a foreign driver only for international deliveries.
What does it mean for your driver pipeline?
It means a slow, predictable drain rather than an overnight shortage. FMCSA's own analysis counts about 200,000 non-domiciled CDL holders, roughly 5% of the 3.8 million active interstate CDL holders in 2024.
Under the new rule, FMCSA expects states to issue only about 6,000 non-domiciled CDLs a year. It expects the remaining 194,000 or so holders to leave the freight market over about five years, as their licenses come up for renewal.
For a carrier, the timing matters more than the total. A driver whose license renews next spring is a hiring need you can see today. What fewer drivers does to freight rates is a separate question, covered in our capacity shortage guide.
The visa restart adds little back. It covers only the three classes the license rule allows, and each applicant now faces stricter screening than before the pause.
What should carriers do now?
Treat it as a hiring plan with dates attached.
Step 1: Find your non-domiciled drivers
The word “non-domiciled” is printed on the license. List those drivers with their license expiration and I-94 dates.
Step 2: Put every renewal on a calendar
Under 49 CFR 383.37, you may not let anyone drive a CMV without a current CDL of the right class. Keep the dates with each driver's qualification file and review them monthly.
Step 3: Recruit before the seat opens
Start hiring for a seat before its renewal date, not after it. Follow our step-by-step hiring guide so speed never skips a check.
Step 4: Screen English at the interview
Roadside, a driver who fails the English check is generally placed out of service. Our English proficiency guide shows how to assess it before you hire.
Step 5: Write the English standard into job orders
If you sponsor foreign drivers, use DOL's English statement in every H-2A, H-2B, or permanent labor certification filing for a driving job, and expect consular officers to ask for driving records.
Step 6: Keep B-1 drivers on cross-border loads
International pickups and deliveries only. No domestic point-to-point moves.
How Simplex helps you hire through the change
Fewer eligible drivers means every hire has to count. We help you keep each one qualified and on file.
Driver files that hold up
Our driver qualification file service works with you and your drivers so each file meets federal requirements.
Qualifications checked before dispatch
We help fleets verify driver qualifications, keep driver files updated, and manage compliance documentation.
A program that keeps watching
Our compliance programs include driver qualification file management, CSA monitoring, mock audits, and HOS management.
Frequently asked questions
Is the truck driver visa freeze over?+
Which visas did the pause cover?+
Can a driver with a work permit get a non-domiciled CDL?+
How long is a non-domiciled CDL valid?+
Can a B-1 driver haul loads within the United States?+
Do the new CDL rules affect green card holders?+
Where this information comes from
The rules below come from federal regulation, agency guidance, and court records, plus State Department statements reported by the trade press, checked on September 24, 2026.
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1
Federal Register — Non-Domiciled CDL Final Rule (91 FR 7044)
Eligibility limits, State Department vetting of driving history and English, and FMCSA's 200,000, 6,000, and 194,000 driver estimates.
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2
eCFR — 49 CFR 383.5
Evidence of lawful immigration status: a foreign passport plus an H-2A, H-2B, or E-2 I-94.
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3
eCFR — 49 CFR 383.73
Validity limit, in-person issuance, SAVE checks, and the 30-day downgrade for non-domiciled licenses.
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4
eCFR — 49 CFR 383.37
Employers may not use a driver without a current CDL of the proper class.
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5
U.S. Department of Labor — OFLC English Proficiency FAQs (PDF)
The English standard required in CMV job orders since June 15, 2026, and the sample wording.
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6
U.S. Customs and Border Protection — Entering as a Commercial Truck Driver
B-1 drivers may haul international cargo only, with no point-to-point moves inside the U.S.
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7
U.S. Court of Appeals, D.C. Circuit — Order in No. 26-1032 (PDF)
The May 5, 2026 denial of a stay of the final rule and the expedited schedule.
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8
Transport Topics — State Department Restarts Visas for Foreign Truckers
The August 21, 2025 announcement and the State spokesperson's account of the restart and new standards.
Written by
Gabriel Gonzalez
Chief Revenue Officer, Simplex Group
Chief Revenue Officer at Simplex Group, with more than 22 years at the company, including nearly 16 years as Chief Operating Officer. His background combines revenue strategy with deep operational experience, giving him a strong perspective on how compliance, risk, permits, cash flow, and operational readiness affect a carrier's ability to grow profitably.
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The seats you will need to fill already have dates on them
Visa policy and licensing rules will keep moving. The renewal dates on your own roster will not, and they tell you when each seat opens.
If you want help checking your driver files and qualifications against the new rules, talk to our team.