The D.C. Circuit heard the non-domiciled CDL case on September 15. The March 16 rule is already in effect.

On Tuesday morning, September 15, 2026, the D.C. Circuit heard Lujan v. FMCSA (No. 26-1032) at 9:30 a.m. Eastern in Courtroom 31. The case challenges FMCSA's final rule on non-domiciled commercial learner's permits and commercial driver's licenses. As of October 20, 2026, the court still hasn't issued an opinion. And the hearing didn't pause the rule.

The rule is in effect

The final rule was published February 13, 2026, at 91 FR 7044 (Docket FMCSA-2025-0622), and took effect March 16, 2026. On May 5, 2026, a D.C. Circuit panel denied emergency motions to stay it while the case goes on. Public Citizen, which represents the Lujan petitioners, still lists the stay as denied. Oral argument is over, and the next step is a written opinion. Waiting on that opinion isn't a plan if your license already fails the current standard.

What the rule and FMCSA's FAQs say

New or renewed non-domiciled CLPs and CDLs for foreign-domiciled applicants are limited to people in H-2A, H-2B, or E-2 employment-based status. FMCSA's FAQs (issued February 18, 2026, revised March 30, 2026) say no other immigration status counts, including E-2S. An Employment Authorization Document by itself isn't enough under that guidance.

The rule also tells state licensing agencies that a non-domiciled CLP or CDL can't be valid past the Admit Until Date (or expiration) on the driver's Form I-94/A, or one year, whichever comes first. It can never go past one year (49 CFR 383.73(f)(2)(iv)). That matching-and-cap requirement is one of the main issues in Lujan.

A few more FAQ points worth knowing:

• Question 6: a non-domiciled CDL issued for longer than the lawful-presence document behind it was out of compliance from the date it was issued. FMCSA strongly recommends the state revoke it and make the driver reapply under the current rules.
• Question 7: under 49 CFR 383.73(f)(5), if the state learns after issuance, transfer, renewal, or upgrade that the driver no longer has lawful status in an eligible category, it has to finish a downgrade within 30 days.
• Question 12: reinstating a CDL after a Clearinghouse or medical downgrade, or after a 383.51 disqualification, counts as an "issuance." The state has to verify eligible status first, can't restore the privilege without it, and the driver has to come in person.

If you hire, or you are, a non-domiciled CDL holder

Review the driver's file now. Write down the visa category on the lawful-presence document, that document's expiration date, and the CDL's expiration date. Compare them. Don't wait for an opinion that could take months. The rule has been in effect since March 16, 2026.

FMCSA's estimates

In the rule's regulatory impact analysis, FMCSA estimated about 200,000 current non-domiciled CDL holders and about 20,000 non-domiciled CLP holders. It estimated about 6,000 non-domiciled CDLs a year going forward under H-2A, H-2B, and E-2, and that the other roughly 194,000 current holders would leave the freight market as their credentials come up for renewal over about five years. That's the agency's estimate of who won't qualify later. It's not a same-day mass revocation. Treat it as something to watch in your DQ files, not a sign that every non-domiciled card was cancelled in March.

The California case

On Friday, September 11, 2026, the same court heard California Department of Motor Vehicles v. DOT, No. 26-1027. That case raises a different issue. It challenges FMCSA's January 7, 2026 Final Determination of Substantial Noncompliance under 49 CFR 384.212(a). The audio is posted, and as of October 20, 2026, there's no opinion there either. Land Line's September 11 write-up covers the hearing, but the federal docket and the rule text are the primary sources.

Check the visa category. Check both expiration dates. And confirm with the licensing state before you put that driver on a load that needs a valid CDL.

Sources

• Federal Register final rule, 91 FR 7044, FR Doc. 2026-02965 (published February 13, 2026; effective March 16, 2026)
• DOT Federal Register document page for 2026-02965
• FMCSA Non-Domiciled CDL 2026 Final Rule FAQs (issued February 18, 2026; revised March 30, 2026)
• D.C. Circuit oral-argument calendar (Jorge Lujan v. FMCSA, No. 26-1032, September 15, 2026, 9:30 a.m., Courtroom 31)
• Jorge Lujan v. FMCSA, No. 26-1032 (CourtListener docket)
• Public Citizen case page, Rivera Lujan v. FMCSA (II) (stay denied May 5, 2026; argument September 15, 2026)
• D.C. Circuit argument recordings (California Department of Motor Vehicles v. DOT, No. 26-1027, argued September 11, 2026)
• California Department of Motor Vehicles v. DOT, No. 26-1027 (CourtListener)
• 49 CFR 383.73 (including downgrade after loss of lawful status)
• Land Line (secondary), September 11, 2026 argument recap

Access date for linked pages: September 13, 2026; opinion status rechecked October 20, 2026. Not legal advice. Check CDL status and lawful-presence documents with the licensing state before you act.