New CDL Rules Affect H-2B Workers

WASHINGTON, D.C. - New federal CDL rules took effect March 16, 2026, affecting non-domiciled commercial drivers—including some H-2B workers employed by landscape companies.

Why it matters: Landscape employees may need a CDL when operating heavier trucks or truck-and-trailer combinations. Employers also should be prepared for increased scrutiny of drivers’ English language proficiency.

What changed

The Federal Motor Carrier Safety Administration (FMCSA) has tightened eligibility for non-domiciled CDLs.

Under the new rules:

• Non-domiciled CDL eligibility is generally limited to workers in certain visa categories, including H-2A, H-2B and E-2.
• Eligible workers must keep their immigration status and licensing records current.
• Most states continue to process applications and renewals for workers who meet the federal requirements.
• Industry stakeholders report increased attention to English proficiency during licensing and roadside enforcement interactions.

Does your employee need a CDL?

Not necessarily. Many landscape trucks remain below CDL thresholds.

A CDL is required for drivers operating vehicles with a GVWR over 26,000 pounds or certain truck-and-trailer combinations involving trailers rated over 10,000 pounds. That can include some dump trucks, bucket trucks and equipment-hauling combinations.

What employers should do

Review your vehicles and drivers now.

Confirm that employees:

1. Have the proper license for each vehicle or vehicle/trailer combination they operate.
2. Meet applicable immigration and non-domiciled CDL requirements.
3. Maintain current documentation.
4. Are prepared to meet applicable English language proficiency requirements.

The takeaway: H-2B status does not automatically prevent a landscape employee from obtaining a CDL under the new rules. But employers should verify both the driver's eligibility and the licensing requirements for the equipment they operate to avoid penalties and workforce disruptions.