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Question 1: May a foreign driver with an employment authorization document obtain a CDL to operate a CMV in the United States?
Guidance: Yes. A foreign driver holding an employment authorization document or an unexpired foreign passport accompanied by an approved Customs and Border Protection (CBP) I-94 Arrival/Departure Record may obtain a non-domiciled CDL. However, drivers who are citizens of Canada and Mexico are not eligible for non-domiciled CDLs because FMCSA has determined that commercial licenses issued by Canadian provinces and territories, and the United Mexican States, are in accordance with the standards established by our rules. Therefore, all Mexican and Canadian drivers must have an appropriate commercial license from his or her home country. Finally, a foreign driver who is in this country on an employment authorization document or an unexpired foreign passport accompanied by an approved CBP I-94 Arrival/Departure Record may not obtain a resident CDL since he or she is not “domiciled” in a U.S. State, as defined in §383.5 (“State of domicile”).
Question 2: Which foreign country’s Commercial Licenses are reciprocally recognized for operating a CMV in the United States?
Guidance: The only foreign commercial driver licenses (CDLs) that are accepted in the United States are from the federal government of Mexico and provinces and territories in Canada. The United States has CDL reciprocity agreements with only these two North American countries. In rare instances, FMCSA may issue temporary waivers (up to 90 days) or exemptions (up to two years) to allow drivers licensed in other countries to operate in the United States. These drivers are required to carry the waiver or exemption document with them.
Question 3: A driver with residence in Mexico drives for a U.S. company. Does that driver need a state-issued commercial driver’s license?
Guidance: No, the driver may hold a valid license for the type of vehicle operated that is issued by the Mexico’s Secretaría de Comunicaciones y Transportes (SCT). Licensing is not dependent on place of employment.
However, to clarify further, the U.S. only recognizes the license (Licencia Federal de Conductor) issued by Mexico's SCT (NOT a Mexican-state-issued license) as reciprocal for operations in the U.S.