Why Canadians Are Affected
Cross-border carriers and Canadian logistics firms regularly rely on professionals entering the U.S. in L-1 (intracompany transferee) and E-2 (treaty investor/trader) status. The IFR narrows CDL/CLP eligibility and imposes uniform document verification standards. Most Canadians in L-1 or E-2 status can remain eligible if they meet the tighter document and timing requirements outlined below.
Key Provisions (What Changed)
- Eligibility is limited to specific employment-based nonimmigrants. Qualifying categories include L-1, E-2, H-1B, O-1, H-2A, H-2B (and certain others). Canadians in L-1 or E-2 can be eligible.
- EAD-only holders are no longer eligible. This includes drivers who rely solely on an EAD issued under DACA, TPS, asylum, or a pending adjustment of status.
- Document verification is required every time. Non-U.S. citizen applicants (except U.S. permanent residents) must present a valid Canadian passport and an unexpired Form I-94/I-94A reflecting an approved status (e.g., L-1 or E-2).
- SAVE check mandatory. State licensing agencies must verify lawful status through DHS’s Systematic Alien Verification for Entitlements (SAVE) program before issuance.
- Expiration alignment. The CDL/CLP must expire on the I-94/I-94A end date or within one (1) year, whichever comes first.
- Pause for non-compliant states. States must pause issuance/renewals of non-domiciled CDLs/CLPs until their processes and systems comply.
Implications for Canadian Logistics Employers
1) Audit driver status and documents
- Confirm each driver’s visa class (L-1 or E-2), I-94 validity, and passport validity.
- Maintain a renewal calendar synchronized to I-94 end dates (not just visa stamps or petition approvals).
2) Prepare for processing delays
- Expect short-term slowdowns as states update systems and train staff for SAVE checks and stricter expirations.
- Stagger renewals to reduce downtime for fleet operations and route coverage.
3) Separate CDL checks from Form I-9 processes
4) Plan for contingencies
- Create contingency rosters, temporary route swaps, or third-party coverage for drivers whose documents are approaching I-94 or CDL/CLP expiry.
- Coordinate with counsel on the timing of L-1/E-2 extensions and border travel to preserve continuous eligibility.
Next Steps & Deadlines
- Public comments on the IFR are due November 28, 2025.
- Further guidance from FMCSA, DHS, and state licensing agencies is expected in the coming weeks.
- Employers should brief dispatch and compliance teams and begin proactive renewals for L-1/E-2 drivers with near-term I-94 expirations.
References
- FMCSA Fact Sheet — Protecting America’s Roads: Restoring Integrity to Non-Domiciled CDLs:
Download (PDF) - Federal Register (Corrections, Oct. 2, 2025) — Restoring Integrity to the Issuance of Non-Domiciled CDLs; Correction:
We Can Help!
If you have questions regarding an immigration matter, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
