U.S. State Department Suspends Work Visas for Foreign Truck Drivers: Legal and Employment Implications for H-2B, E-2, and EB-3 Work Visas

In a development with far-reaching consequences for both U.S. employers and international workers, the U.S. Department of State has suspended the processing of certain work visas for foreign truck drivers. This decision directly impacts industries already grappling with labor shortages, particularly in Texas, where trucking plays a vital role in supporting the state’s economy.

Employers and workers relying on visa categories such as H-2B, E-2, and EB-3 must now prepare for legal and operational challenges. For many, this policy shift may alter hiring strategies and disrupt long-term business plans.

Background: Why Trucking Matters

The trucking industry is a backbone of the U.S. economy, moving more than 70 percent of freight nationwide. In Texas, the energy sector, agriculture, and international trade through the Houston and Laredo ports make trucking indispensable. Labor shortages in trucking have persisted for years, with industry leaders citing an aging workforce, high turnover, and difficulty attracting new drivers. Foreign workers have helped fill this gap, but the State Department suspension adds a new layer of uncertainty to an already strained labor market.

Visa Categories Affected

The suspension specifically affects foreign nationals applying under three key visa programs:

H-2B Temporary Non-Agricultural Workers

The H-2B visa allows U.S. employers to hire foreign nationals for temporary non-agricultural roles when there are not enough domestic workers available. Many trucking companies have turned to H-2B drivers during peak shipping seasons. The suspension restricts this avenue, leaving employers scrambling to cover labor shortages.

E-2 Treaty Investor Visa

The E-2 visa is available to nationals of countries with treaties of commerce and navigation with the United States. Many small to medium-sized logistics and trucking businesses owned by foreign investors have relied on E-2 visas to bring in managerial staff and sometimes drivers to help launch or sustain their operations. The suspension creates new risks for these businesses, particularly for investors who structured their companies around employing foreign drivers.

EB-3 Employment-Based Immigrant Visa

The EB-3 visa covers skilled workers, professionals, and other workers, including truck drivers, where employers demonstrate a shortage of available U.S. labor. For many foreign nationals, EB-3 offered a pathway to permanent residency through the trucking industry. With the State Department halting approvals for these positions, both workers and employers face delays and uncertainty about long-term employment plans.

Legal and Employment Implications

The suspension of these visas raises immediate and long-term concerns for employers and employees alike.

Labor Market Pressure

With trucking companies unable to hire qualified foreign drivers, shortages may intensify, driving up wages and placing additional costs on businesses. Smaller companies without large recruitment resources could be disproportionately affected, potentially losing contracts or failing to meet demand.

Contractual and Operational Risks

Employers who had job offers or contracts in place for foreign drivers may now face legal risks if they cannot fulfill agreements. Operationally, companies dependent on immigrant labor may struggle to sustain their shipping commitments, impacting supply chains in Texas and beyond.

Immigration Consequences for Workers

Foreign workers who were in the process of applying for H-2B, E-2, or EB-3 visas in trucking-related roles face uncertain futures. Some may need to pivot to alternative visa categories or explore other industries where work visas remain available. Others who already relocated under pending petitions may need to seek legal counsel to avoid falling out of lawful status.

Compliance and Enforcement

Employers must ensure compliance with immigration laws despite these disruptions. Hiring undocumented workers to fill the gap exposes companies to steep penalties, audits, and reputational harm. Businesses should seek immediate legal advice before making staffing adjustments that could inadvertently violate federal law.

Options Moving Forward

Although the suspension is a significant barrier, alternatives may be available for both employers and workers.

Some employers may explore other temporary visa categories, such as H-1B visas for specialized roles, though trucking positions rarely qualify. Others may consider sponsoring foreign nationals in administrative, logistics, or management positions that remain eligible under E-2 or EB-3 criteria outside of direct driving roles. Workers may also explore adjustment of status if they have family-based immigration options available.

For investors, restructuring business models to demonstrate broader job creation, beyond hiring truck drivers, could help sustain eligibility under E-2. Meanwhile, advocacy from industry groups may pressure the State Department and the Department of Labor to reconsider or refine the suspension in light of economic needs.

How This Impacts Texas Employers

Texas, with its booming energy sector, agricultural exports, and international trade routes, will feel the effects of this policy more than most states. Trucking companies in Houston, Dallas, and border cities are especially vulnerable, as they depend heavily on foreign drivers to manage peak demand. Employers must now rethink strategies to recruit and retain domestic workers, invest in driver training, or explore automation and logistics technologies.

Contact BBA Immigration

If you are an employer in Texas or a foreign national impacted by the suspension of truck driver work visas, it is critical to act quickly and with proper legal guidance. The immigration landscape is shifting, and missteps could jeopardize your business or your lawful status. Our team of experienced Houston Immigration attorneys at BBA Immigration can help you explore your options, whether that involves finding alternative visa pathways, restructuring business operations, or ensuring compliance with federal law.

Contact us today to schedule a consultation and protect your future.

Sources:

uscis.gov/working-in-the-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers
uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

reuters.com/world/us/us-halts-worker-visas-commercial-truck-drivers-rubio-says-2025-08-21/