ATA Flags B-1 Visa Misuse in Trucking

A report from FreightWaves reveals that the illegal use of B-1 visa truck drivers to haul domestic freight is distorting the U.S. trucking market, pushing rates lower and forcing compliant carriers—especially small businesses—to shut down.

The B-1 visa is intended to allow foreign drivers to cross into the U.S. to deliver international freight and return to their home country. However, the report documents widespread misuse of the visa by carriers employing foreign drivers, primarily from Mexico and Canada, to run domestic routes within the U.S., a violation of federal cabotage laws.

U.S. Carriers Forced Out

Small fleet operators in South Texas told FreightWaves they’re unable to compete with foreign drivers willing to work for lower wages. One operator, speaking anonymously, said he shuttered his business in December after it became clear he could no longer keep up. “There was no reason to try and keep up with the B-1 drivers’ nonsense,” he said.

These drivers, once legally across the border, are often kept in-country to haul additional U.S. freight at a fraction of the cost paid to U.S.-based drivers. Some carriers reportedly register U.S. operations but continue to lease trucks to themselves across borders, further complicating enforcement.

Industry Pushes for Crackdown

The American Trucking Associations (ATA) has publicly criticized the misuse of B-1 visas, warning that the practice distorts market conditions and suppresses wages. ATA Chief Economist Bob Costello identified B-1 abuse as a factor contributing to ongoing freight market weakness during a March 25 presentation.

ATA President Chris Spear also sent an open letter to Transportation Secretary Sean Duffy, urging the Department of Transportation to coordinate with Homeland Security Investigations and ICE to target violations.

“While we recognize this is not within FMCSA’s immediate purview, we urge you to work with… federal agencies to halt instances where drivers entering the U.S. from Mexico overstay to deliver domestic loads,” Spear wrote.

Lack of Enforcement Persists

Despite growing concerns, FreightWaves notes that enforcement remains limited. Carriers and drivers say violations are visible along major freight corridors such as Interstate 35. One fuel hauler described the volume of unauthorized drivers as overwhelming. “Nine out of ten trucks are B-1 drivers,” he said of traffic coming out of Laredo. “It’s just getting out of hand.”

Some have proposed conducting checks at weigh stations or scale houses to verify driver eligibility. But for now, enforcement actions remain sporadic.

Impact Extends Across Borders

The effects are also being felt in Mexico, where trucking companies are losing drivers to the U.S. market. One Monterrey-based operator told FreightWaves that drivers can earn $5,000 to $6,000 a month in the U.S., compared to $1,500 in Mexico. The result is a labor shortage in the Mexican trucking sector, compounded by wage disparities and limited job protections.

A Broader Safety and Compliance Concern

This issue also intersects with the national discussion around English language proficiency and highway safety. As previously reported by FreightCaviar, several recent fatal crashes have involved foreign drivers who required interpreters to speak with police, raising concerns about whether they could read road signs or respond to law enforcement effectively.

With wage suppression, legal violations, and public safety concerns converging, the misuse of B-1 visa drivers is becoming a flashpoint in the U.S. trucking industry—one that regulators, lawmakers, and industry groups are increasingly being forced to confront.

Source: FreightWaves