You asked what the Department of Motor Vehicle’s (DMV) policy is with respect to issuing a commercial driver’s license to the holder of a J-1 visa.

DMV policy with regard to this issue appears to have either changed recently or is about to change. Previously, anyone who held a J-1 visa—issued to aliens who are exchange visitors—was allowed to receive a commercial driver’s license as long as they presented both the J-1 visa and another document issued by the U. S. Department of State that provided supporting information and served as a certificate of eligibility for the J-1 visa. This document was designated as the IAP-66 but apparently was recently re-designated as state department document DS-2019. The J-1 visa process requires the institution that the alien is visiting to, in effect, serve as his sponsor. The sponsoring organization is the one that must prepare the DS-2019 form for approval.

Although we are uncertain whether DMV has officially changed its policy regarding J-1 visas and commercial driver’s licenses (CDLs), or is still in the process of doing so, it appears that DMV no longer intends to allow J-1 visa holders to get CDLs. They can still get regular driver’s licenses. DMV’s change in policy is at least partially due to requirements of federal law relating to commercial drivers transporting hazardous materials. A provision of the USA PATRIOT Act requires an applicant to be either a U. S. citizen or a lawful permanent resident of the United States to receive a hazardous materials endorsement for a CDL. J-1 visa holders do not fall into either of these categories. DMV’s policy change implements this restriction, but also appears to exceed the requirement if the exclusion is applied to all CDL applicants since the USA PATRIOT act provision includes only endorsements for hazardous materials and for transportation of any chemical or biological material or agent determined by federal authorities to be a threat to national security (49 U. S. C. § 5103a).

The J-1 visa is a nonimmigrant visa that allows aliens to participate in exchange visitor programs in the United States. It is intended to promote the interchange of people, knowledge, and skills in the fields of education, arts, and sciences. The types of people who are given J-1 visas include trainees getting on-the-job training with businesses, institutions, and agencies; teachers in primary, secondary, and specialized schools; professors coming to the United States to teach or do research at colleges and universities; research scholars; professional trainees in medical and allied fields; and international visitors coming to the United States for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.

We have asked DMV for further clarification of both their reason for applying the exclusion to all CDLs and the status of the policy. We hope to receive this clarification soon and will update you when we receive the information.

JF: ts