The Visa Freeze for Truck Drivers
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A Sudden Policy Shift
No press conference. No industry roundtable. Just a post on
X from Secretary of State Marco Rubio:
“Effective immediately, we are pausing all issuance of
worker visas for commercial truck drivers.”
That one-line policy change instantly froze a labor channel
that many American truckers already viewed with suspicion.
What Happened
On August 21, 2025, the U.S. State Department
announced a freeze on 3 visa categories that
are commonly used by truck drivers:
- H-2B (temporary non-agricultural workers)
- E-2 (treaty investors who often drive for
their own businesses)
- EB-3 (skilled worker green card path)
The reasoning? Officials cited safety concerns and economic
pressure from a rising number of foreign drivers competing with U.S.-born
truckers.
No new visas will be processed. Active visas aren’t
canceled, but they won’t be replaced when they expire.
How Big Is the Visa Driver Pool?
Let’s separate fact from fear mongering.
- Just 1,400 to 1,500 trucking visas were issued
annually in the last two years
- That’s out of 3.5 million CDL holders
nationwide
- These drivers make up 18% of the trucking workforce. That is double what it was in 2000.
And looking back over the last decade, and the picture gets
bigger:
- At least 60,000 non-domiciled CDLs are active
today across 32 reporting states
- Texas has issued nearly 52,000 non-domiciled
CDLs over the years, with about 8,500 still active
- Washington reports over 5,400 non-domiciled CDLs, representing 16% of first-time CDLs in 2024
So while visa drivers make up a small slice, they’re
concentrated in pressure points like ports, drayage, produce hauls, and
regional distribution where capacity already runs thin.
Why This Matters Now
The Backstory on English Enforcement
In 2011, FMCSA locked in a rule requiring all CDL testing to
be conducted in English. The goal? Consistency and safety. But in 2016, that
changed. The Obama administration issued internal guidance telling inspectors
not to pull drivers out of service just for failing to speak English well
enough. Instead, they were told to issue citations and let them keep driving.
The reasoning? Legal caution and political discretion.
Regulators were trying to avoid discrimination lawsuits and leaned into a
'coaching over punishment' model. But that created a gap between the rules and
the road.
Now in 2025, the policy has snapped back. FMCSA says if a
driver can’t speak or read English clearly enough for a roadside inspection,
they’re done. Out of service on the spot.
Bottom line: Enforcement is back. And if your drivers fall into
that gray area, you’ll feel it fast.
Even if you don’t hire visa holders directly, this freeze
triggers ripple effects.
How Each Visa Actually Works in Trucking
Let’s be clear. None of these were designed specifically for drivers. But over time, parts of the industry have started using them in ways that intersect with freight. Sometimes directly, sometimes not.
Here’s what we know.
E-2: The Business Investor
Route
This one’s for foreign citizens
from treaty countries who want to come to the U.S. and run a business they’ve
invested in. There’s no minimum investment written in stone, but it has to be
real. Enough to get a company off the ground and keep it running.
In trucking, we’ve seen some use this path to launch small
fleets. They own the company, manage the operation, and in many cases, drive
under their own authority.
- Timeline: It usually takes 1 to 6 months to
process
- Duration: You get two years at a time, but you
can keep renewing
- Key points: You need at least 50% ownership or
control, and your business has to support more than just you. Spouses can
work, kids can attend school, and you’ve got to show where your money came
from
H-2B: Temporary and Seasonal
Help
This visa is built for short-term, non-agricultural work. Think jobs that follow the seasons or have a clear end date.
In trucking, we’ve mostly seen it in specialized areas: oilfields, forestry, or seasonal hauls tied to agriculture. It’s not common, but it shows up more than you’d expect.
- Processing takes a few months, and the stay is
usually capped around 9 months
- Employers have to prove they couldn’t find
U.S. workers first
- There’s a hard cap of 66,000 visas per year,
and you’ve got to apply in-season
EB-3: The Green Card Option
This one’s for skilled workers, and yes, truck drivers can qualify if the job requires at least two years of experience and training. It’s one of the few visa paths that leads to a green card. Once approved, the driver becomes a permanent resident.
- It’s not fast. Between labor certifications,
paperwork, and long waitlists, it can take 18 to 36 months, or longer.
- Used mostly by larger carriers bringing in
experienced, long-haul drivers
- Employers must show they’ve made a real attempt to
hire U.S. workers and are offering fair wages
- It’s a long game. But for some carriers, especially
those in cross-border or intermodal work, it’s part of the strategy.
We’ve been digging into the visa freeze and each visa
type. One that beckons for further
research is the E 2 Treaty Investor Visa, a program built for
entrepreneurs that could potentially be playing a bigger role in trucking.
We’re not saying it’s the problem. But it could be part of
the fuel.
How the E 2 Visa Works
The E 2 was designed to let business minded individuals from
treaty countries invest in a U.S. company and come here to run it. It’s
not a trucking visa, but some of those businesses? They end up being trucking
companies.
To qualify for an E 2:
- You must be a citizen of a treaty country https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- You must make a substantial investment in a
real U.S. business (no set minimum, but enough to operate)
- Own at least 50% or have operational control
of that business
- Be actively involved in developing and directing
the company
- Show that the business has the ability to generate more
than just a minimal living for you and your family
- Prove the lawful source of your investment money
The visa typically starts with a two year stay and
can be renewed as long as the business is viable. Spouses and unmarried
children under 21 can come too. Spouses are allowed to work. Kids can
attend school.
Why This Could Matter in Trucking
The E‑2 visa wasn’t built with 18-wheelers in mind. But some
carriers may be using it to launch small trucking companies and operate legally
in the U.S., at least on paper.
There’s no data we’ve found as of today to fully support
this opinion, but it’s an angle we’ll keep digging into. The role of E‑2
owner-operators in trucking is still unclear but most definitely worth a closer
look.
Safety doesn’t come from the rules. It comes from culture.
From dedicating time and resources to ensure the longevity of your operation.
Right now, we’ve got a freight economy that rewards speed,
cheap rates, and skipping steps. Not compliance. Not training. Not
maintenance.
This is all tied together, and it goes back a decade or
more. The cheap freight. The lack of safety culture. The rise of non-domiciled
CDL drivers. The insane crashes.
One hand washes the other.
The race to the bottom didn’t just happen. It was allowed.
Our own system let it happen, chipping away at standards, making it harder for
good carriers to compete, and easier for bad ones to slide through. It’s been
funded by foreign interests, protected by lobbying from mega carriers, and
fueled by cargo fraud, human trafficking, and everything in between.
What This Means for Carriers
In court, in audits, and in claims, what matters most is how defensible your operation is.
It’s not about how long you’ve been in business or how hard you work. When something goes wrong, it comes down to what you can prove.
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Did you verify licenses and work eligibility before hiring?
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Are your driver files complete, organized, and easy to produce?
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Have you kept up with MVRs, safety training, and equipment checks?
If your company ends up in a lawsuit, attorneys will go looking for gaps. Even small mistakes like missing signatures, outdated logs & inconsistent processes can raise serious questions about how you run your fleet.
It’s the same story with audits. Inspectors aren’t just looking at your trucks. They’ll look at your records, policies, and how closely you follow the rules. That includes:
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Hours-of-service tracking
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Routine maintenance logs
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Signed documents that show drivers were trained properly
Underwriters care too. When it’s time to renew your policy or defend a claim, they’ll be checking for signs that you take compliance seriously.
That’s what we mean by defensible. It’s not just about having rules in place. It’s about showing that you follow them, even when no one’s watching. Because that’s what keeps people safe and keeps your business out of trouble.
Our Take:
This freeze didn’t come out of nowhere. It’s the backlash to
years of relaxed oversight, conflicting state and federal policies, and a
freight market that rewards whoever cuts the most corners.
The result? A system where:
- Safety enforcement gets softened in the name of labor
flexibility
- Carriers exploit visa programs that weren’t designed
for trucking
- Insurance underwriters are left guessing whether a
driver is even legally in the country
- Good
carriers get priced out because bad ones keep driving rates and standards into
the ground
We’re not here to point fingers at drivers trying to build a
better life. We’ve worked with folks from all over the world who take their job
seriously and play by the rules. But the rules have to be clear. They have to
be enforced. And they have to protect the people who are doing things right.
Because safety doesn’t come just from the rulebook. It comes
from culture. From maintenance. From compliance. From putting qualified drivers
behind the wheel and backing them with systems that actually work.
Until we fix that? Expect more accidents. More crackdowns.
And more uncertainty.
Want to make sure your hiring practices and driver files
hold up under pressure?
We’ll review your program with fresh eyes and give it to you straight.
📩 Email us at
info@trucku.biz no judgment, just real
answers.
Disclosure:
This post is for educational purposes only. It’s not legal advice, insurance advice, or a substitute for calling your agent. We’re good, but we’re not psychic. Policies vary, laws change, and courtrooms get weird. Don’t make decisions based solely on something you read on the internet, unless it’s from us, in writing, with your name on it.
All opinions are our own and do not represent the views of any carrier, employer, or underwriting department that occasionally wishes we were quieter on LinkedIn.
