Non-Domiciled CDL: H-2A Workers Can Apply Again in Texas

Texas Resumes Non-Domiciled CDL Issuance for H-2A Workers

The Texas Department of Public Safety (DPS) announced that it has resumed issuing Non-Domiciled CDL and commercial learner permits (CLP) to eligible H-2A temporary agricultural workers after receiving approval from the Federal Motor Carrier Safety Administration (FMCSA).

The change took effect on June 1, 2026, and follows updated federal rules that took effect earlier this year. According to the Texas DPS, the state can now process Non-Domiciled CDL applications for individuals with H-2A status, while approvals for other visa categories are still pending.

New FMCSA Non-Domiciled CDL Rule Limited Eligibility

FMCSA’s updated regulations, which became effective on March 16, 2026, narrowed eligibility for non-domiciled CDLs.

Under the new rule, only individuals with H-2A, H-2B, or E-2 immigration status may qualify for a Non-Domiciled CDL or CLP.

Texas officials said the state has currently been approved only for H-2A transactions. The agency stated that information regarding H-2B and E-2 applicants will be announced at a later date.

What Documents Are Required?

According to DPS, eligible H-2A applicants must visit a driver’s license office in person and provide documentation showing their status.

Required documents include:

• An unexpired foreign passport
• An unexpired or expired visa
• Form I-94 or Form I-797A showing H-2A status

Texas DPS noted that federal rules limit all newly issued non-domiciled commercial licenses to a maximum term of one year or less.

Current Non-Domiciled CDL Holders May Continue Driving

Drivers who already hold a valid non-domiciled CDL or CLP can continue using their credentials until the expiration date printed on the license.

According to DPS, immediate action is only necessary if a driver needs to:

• Renew a license
• Transfer a license to another state
• Upgrade a current license

The agency said existing credentials remain valid until they expire.

Some Drivers Can No Longer Renew

The updated FMCSA rule also affects drivers who originally qualified for a Non-Domiciled CDL using an Employment Authorization Document (EAD).

According to DPS, individuals whose commercial licenses were issued based on EAD-related categories, including Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), refugee status, or asylum seeker status, are no longer eligible to renew their CDL after it expires.

As a result, some drivers may be able to continue operating under their current credentials until their expiration date, but may not qualify for renewal under the new federal standards.

Texas Also Recently Changed CDL Testing Rules

The announcement comes shortly after Texas implemented another major change affecting truck drivers.

Texas now offers CDL knowledge testing only in English, following updated federal requirements. The policy aligns with a broader FMCSA effort to enforce English-language proficiency standards for commercial drivers.

Drivers seeking a new Non-Domiciled CDL in Texas will need to meet both the federal eligibility requirements and the state’s current testing requirements.

What Happens Next?

Texas DPS said the resumption of Non-Domiciled CDL issuance currently applies only to H-2A workers. The agency expects to provide additional updates if approval is granted for applicants with H-2B or E-2 status.

For now, eligible H-2A workers may once again apply for commercial driving credentials in Texas, while other groups affected by the federal rule continue waiting for further guidance.