Indiana Limits Eligibility of Non-Domiciled Commercial Learner's Permits and Commercial Driver's Licenses to Certain Non-Immigrant Visa Holders
On April 1, 2026, Indiana passed House Bill 1200, a law that restricts the eligibility of commercial learner’s permits (CPLs) and commercial driver’s licenses (CDLs) to U.S. citizens, legal permanent residents, and certain nonimmigrant categories. Nearly 1,800 nonimmigrants with valid Employment Authorization (EAD) status lost their licenses on April 1. Moving forward, only certain types of noncitizens will be eligible for those non-domiciled CDL licenses. It further requires an individual to demonstrate sufficient proficiency of the English language to operate a commercial motor vehicle.
Background
On March 16, 2026, the Federal Motor Carrier Safety Administration (FMCSA) limited the eligibility of non-domiciled CDLs to certain noncitizens that hold specific immigration status. A domiciled CPL or CDL applies to a US Citizen and Legal Permanent Residents. Prior to March 16, 2026, non-domiciled eligibility allowed those with a valid employment authorization document (EADs), along with a passport and valid I-94 entry document, to obtain these licenses with some exceptions. However, the federal rule passed on March 16, 2026, now restricts eligibility to holders of H-2A agricultural, H-2B non-agricultural, or E-2 treaty investor visas, eliminating EADs as qualifying credentials.
This rule prospectively restricts the issuance or renewals of CPLs and CDLs to non-domiciled CDLs, while also strongly encouraging states to take immediate action to audit and revoke all unexpired non-domiciled CLPs and CDLs that were not issued in compliance with this new rule.
New Indiana Law
Indiana’s new law was implemented in response to FMCSA’s change in policy. Indiana is one of the first states in country to pass a law revoking non-domiciled CDLs. In March, Indiana issued around 1,800 letters to nonimmigrant visa holders informing them that their CDLs would be revoked as of April 1, 2026.
The law provides that individuals commit a Level 6 felony if they provide false records to obtain a CDL or they do not have proper documentation while driving with a CDL. It further imposes civil penalties, $5,000 for drivers and $50,000 penalties for employers hiring ineligible drivers. CDL training schools could face $50,000 fines per violation for training ineligible drivers. This change in the law creates significant financial exposure to employers and employees alike, exceeding previous FMCSA civil penalty assessments.
What should employers do now?
- Review and audit all non-domiciled CDL holders that utilize their licenses in the course of business.Note that domiciled CDL holders (US citizens and legal permanent residences) are in a separate category and remain eligible. Verify visa status and documentation. Drivers should have H-2A, H-2B, or E-2 visas, as these are now the only eligible categories.
- Verify CDL validity periods match the visa authorization period. The CDL should be valid only for the authorized stay period. Many existing licenses may exceed authorized stay periods.
- Document verification efforts for potential defense in the future. Indiana Courts may scrutinize employers’ due diligence practices for crashes involving improperly licensed drivers.
- Update hiring procedures for CDL-required positions. Request additional documents from non-domiciled CDL holders to prove specific visa status.
Helpful Resources
Barrett McNagny LLP is available to address additional questions or concerns. The information provided in this resource contains general recommendations consistent with changes in the law as of April 17, 2026. More information is available at the following links:
https://www.fmcsa.dot.gov/regulations/non-domiciled-cdl-2026-final-rule-faqs