A visa restriction written for highway safety is already pulling licenses in California, and Maryland and Virginia drivers could be next
A federal rule that took effect in March has already stripped thousands of commercial driver’s licenses from immigrant truckers in California, and attorneys tracking the policy expect Maryland and Virginia to feel the same pressure as enforcement spreads state by state.
The rule, issued by the Federal Motor Carrier Safety Administration and titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses,” took effect March 16, 2026, and narrows who can hold a non-domiciled CDL to three visa categories: H-2A, H-2B, and E-2. Drivers who previously qualified under Temporary Protected Status, DACA, asylum, or a standalone employment authorization document no longer meet the standard, even when renewing a license they’ve held for years. Federal estimates cited by trucking industry analysts suggest the rule could touch as many as 194,000 licenses nationally over the coming years.
For DMV readers, the story isn’t abstract. Maryland is home to one of the country’s largest African-born populations, concentrated heavily in Prince George’s and Montgomery counties, and trucking has long been an accessible entry point into the regional economy for immigrants without local professional credentials, filling a role similar to the one rideshare work plays for the drivers affected by DC’s Waymo bill. A federal rule narrowing CDL eligibility hits that same population from a different direction.
Under the final rule, states must verify a non-domiciled CDL applicant’s status through the federal SAVE system before issuing, renewing, or upgrading a license, and applicants must present an unexpired foreign passport tied to one of the three approved visa categories. Drivers with a currently valid license and valid work authorization can keep operating until that license expires, but a renewal filed under the old documentation standard will now be rejected.
California offers the clearest preview of enforcement so far. The state cancelled roughly 13,000 non-domiciled CDLs on March 6, 2026, after the Department of Transportation threatened to withhold $160 million in federal highway funding over delays. A state court later ordered California to let about 20,000 drivers reapply, but the underlying federal rule hasn’t been paused, and a class-action lawsuit brought by the Asian Law Caucus and Sikh Coalition is still moving through the courts.
Neither Maryland nor Virginia has announced comparable mass cancellations as of this writing. Both states issue non-domiciled CDLs and neither is among the seven states that opted out of the category entirely. As of the most recent available data, no state-specific cancellation figures for the DMV have been made public, and AfroDMV has reached out to Maryland’s MVA and Virginia’s DMV for comment.
Attorneys advising affected drivers point to concrete steps rather than a wait-and-see approach this month: confirm the exact expiration date on a current CDL, don’t assume a routine renewal will clear under the old rules, and consult an immigration attorney if your underlying visa status doesn’t fall under H-2A, H-2B, or E-2. Carriers employing non-domiciled drivers are being advised to audit their rosters now rather than after a renewal gets rejected.
FAQ
Does this rule affect drivers who already hold a valid CDL?
Not immediately. A driver with a currently valid license and valid work authorization can keep driving until that license expires. The rule applies at renewal or new issuance.
Which visas still qualify for a non-domiciled CDL?
Only H-2A, H-2B, and E-2. TPS, DACA, asylum status, and a standalone employment authorization document no longer qualify.
Has Maryland or Virginia cancelled any licenses yet?
No public cancellation figures have been reported in either state as of this writing. California remains the only state with confirmed mass cancellations.