Many E-2 investors in the United States who manage their own businesses or operate in the logistics sector often ask:
Is it possible to drive a commercial vehicle while holding E-2 status?
The question became clearer following the Federal Motor Carrier Safety Administration (FMCSA) announcement of a new Interim Final Rule (IFR) in 2025.
This rule clarifies that certain visa holders, including E-2 Treaty Investors, may obtain a non-domiciled Commercial Driver’s License (CDL) and operate commercial vehicles lawfully within the United States.
Federal Eligibility
According to the FMCSA’s updated regulations, the following visa categories are eligible to apply for a non-domiciled CDL:
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E-2 Treaty Investor
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H-2A Temporary Agricultural Worker
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H-2B Temporary Non-Agricultural Worker
Therefore, E-2 visa holders are federally eligible to apply for a non-domiciled CDL.
However, each state may impose its own additional requirements, such as further documentation or status verification.
Required Documents
Applicants for a non-domiciled CDL must generally submit the following:
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A valid foreign passport
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A valid Form I-94 or I-94A
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Verification of immigration status through the SAVE (Systematic Alien Verification for Entitlements) system
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Consent allowing the state Department of Motor Vehicles (DMV) to retain all documents for at least two years
The CDL validity period is limited to the duration of authorized stay indicated on Form I-94 or one year, whichever is shorter.
Every renewal must be completed in person.
State-Level Differences
Although E-2 investors are eligible at the federal level, CDL issuance policies can differ from state to state.
Some states follow the federal standards closely, while others impose additional conditions, such as enhanced verification or restricted operational scope.
Before applying, it is strongly recommended to:
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Contact the DMV in the state where the application will be submitted
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If necessary, seek written confirmation from the relevant FMCSA office
Obtaining written confirmation ensures that the CDL process aligns with both federal and state requirements.
Practical Impact of the 2025 FMCSA Rule
The FMCSA Interim Final Rule does not revoke the right of E-2 visa holders to operate commercial vehicles.
Instead, it strengthens verification requirements and the documentation process to ensure compliance and consistency among states.
Some states have implemented stricter review procedures as a result of these new regulations.
Nevertheless, there is currently no federal or state-level prohibition preventing E-2 visa holders from using a non-domiciled CDL to drive commercial vehicles.
Important Considerations
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The validity of a non-domiciled CDL is directly tied to the duration of E-2 status. Once the status expires, the CDL automatically becomes invalid.
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An Employment Authorization Document (EAD) alone is no longer sufficient for CDL applications. A valid I-94 or I-94A must be provided.
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If SAVE verification fails or the immigration status expires, the state DMV is required to downgrade the CDL within 30 days, removing commercial driving privileges.
Recommendations for E-2 Investors
E-2 investors considering entering the transportation or logistics industry in the United States should:
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Obtain written confirmation from the DMV in the relevant state before applying
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Keep all immigration and identification documents current
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Plan CDL renewals based on the I-94 expiration date
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Consider state-specific CDL policies when selecting a business or operational base
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Ensure full compliance with federal DOT, drug testing, and medical certification requirements
Conclusion
As of 2025, E-2 Treaty Investors are federally authorized to obtain a non-domiciled Commercial Driver’s License and drive commercial vehicles in the United States.
However, because states retain discretion in how they apply these rules, confirming eligibility and maintaining lawful immigration status remain essential.
E-2 visa holders who wish to operate or expand into the transportation sector should review both federal guidelines and state-level CDL requirements carefully before proceeding.
Official Sources
Industry Sources
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FreightWaves (2025): FMCSA Issues Emergency Rule Restricting Non-Domiciled CDLs
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TruckingInfo (2025): Emergency Rule Overhauls How States Issue Non-Domiciled CDLs
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TruckSafe Consulting (2025): FMCSA Tightens Rules for Non-Domiciled CDLs
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AILA (2025): Practice Alert – Interim Rule Impacts Commercial Driver’s Licenses (CDLs)
Legal Support for E-2 Investors at Yellow Law Firm
Starting or expanding a business in the United States under the E-2 Treaty Investor visa requires careful planning and compliance with federal and state regulations.
For those entering the logistics or transportation sector, CDL eligibility and FMCSA compliance are essential considerations.
Yellow Law Firm assists E-2 investors in navigating every step of this process.
Our attorneys provide guidance on CDL eligibility under E-2 status, verification of state-specific requirements, and compliance with federal FMCSA regulations.
If you are an E-2 visa holder seeking to operate a commercial vehicle or start a transportation business in the United States, contact our team for tailored legal support.
