HAZMAT endorsement and immigration status: who can apply?
Who the rule lists
TSA's eligibility rule, 49 CFR 1572.105(a), says an applicant for the HAZMAT endorsement must be a national of the United States, which includes citizens, or fall into one of these groups:
- A lawful permanent resident (green card holder).
- A refugee admitted under 8 U.S.C. 1157.
- A person granted asylum under 8 U.S.C. 1158.
- A nonimmigrant admitted under the Compact of Free Association with Micronesia, the Marshall Islands or Palau.
- A lawful nonimmigrant with unrestricted work authorization, except S-5, S-6, K-1 and K-2 status.
- A lawful nonimmigrant with restricted work authorization in one of these statuses: B-1/OCS, C-1/D crewman, H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 or TN, or another status TSA decides is comparable.
- A commercial driver licensed in Canada or Mexico who is admitted to conduct business in the United States under 8 CFR 214.2(b)(4)(i)(E).
There is also an M-1 student category, but it only applies to merchant marine academy students getting a TWIC, not to truck drivers. TSA's public page sums the list up as citizens, lawful permanent residents, naturalized citizens, and nonimmigrant aliens, asylees and refugees in lawful status who hold a CDL from a U.S. state.
What the list does not include
The rule names lawful statuses. A person with no lawful status, or with a status that is not on the list and that TSA has not deemed comparable, does not meet 1572.105. The one exception in the waiver rules is temporary protected status: an applicant under TPS can ask TSA for a waiver of the immigration standard under 49 CFR 1515.7. We cannot tell you whether your particular status qualifies. TSA can, and so can an immigration attorney. Do not rely on a training company, including us, for that answer.
Your state may be stricter
TSA says plainly to check with the state that issues your license for citizenship or lawful presence rules stricter than TSA's. Some states only issue the H to citizens and permanent residents even though TSA accepts more categories. The CDL itself also has state lawful-presence rules that are separate from the H. Call your DMV before you start.
Documents and the green card number
At your TSA enrollment you prove identity and status with documents from TSA's list, and TSA takes fingerprints. Federal CDL rules add one detail for permanent residents: 49 CFR 383.71(b)(8) requires a lawful permanent resident applying for the H to provide their USCIS Alien registration number to the state. Our guide to the appointment is at how to do the TSA background check for HAZMAT.
If TSA says no on status
A denial based on immigration status comes as an Initial Determination, and you have 60 days to reply, request the records TSA used, or ask for an extension, the same appeal process as a criminal-history denial under 49 CFR 1515.5. If TSA's record of your status is wrong, you correct it with the agency that issued it and send TSA the corrected copy. For a nonimmigrant whose work-authorized status expires, the credential goes with it; the rule requires the TWIC to be surrendered, and the HME is tied to the same assessment.
ELDT theory has no status requirement
The training side is simpler. ELDT HAZMAT theory is required before the state knowledge test for anyone getting the H for the first time, and the federal training rule says nothing about immigration status. You enroll with a name and email, finish in about 45 minutes, and we file it with the FMCSA the same day. It stays in the registry and does not have to be repeated. If you are not sure TSA will accept your status, the sensible order is: confirm with TSA or your DMV first, then do the theory, then enroll with TSA.
Questions drivers ask
Can a DACA recipient get the HAZMAT endorsement?
DACA is not named in 49 CFR 1572.105, and we are not able to tell you how TSA treats it. Ask TSA directly or an immigration attorney before paying the TSA fee.
Can a green card holder get the H?
Yes. Lawful permanent residents are on TSA's list. Bring your green card to enrollment and give the state your USCIS Alien registration number.
Can a TN or H-1B worker get the H?
Those statuses are on TSA's list of restricted work-authorized nonimmigrants. Your state must also allow it, and the assessment ends when the status does.
Is TSA PreCheck through the HME open to everyone on the list?
No. TSA limits PreCheck for HME holders to U.S. citizens, U.S. nationals and lawful permanent residents, even though more categories can get the H itself.
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