The US Department of Labor (DOL) has issued new guidance clarifying that employers seeking to hire foreign workers for positions involving commercial motor vehicle operation must comply with existing English language proficiency requirements.
The guidance, released by the Office of Foreign Labor Certification (OFLC) on May 14, 2026, is intended to ensure consistency across labor certification filings and support public safety on US roadways.
Key Requirement
Under the updated guidance, employers filing for temporary or permanent labor certification (including PERM and H‑2B positions where applicable) must explicitly include English language proficiency requirements in:
- Job orders
- Labor certification applications
This requirement applies specifically to roles that involve operating commercial motor vehicles.
Alignment with Federal Safety Standards
The clarification reinforces existing regulations under the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), which require all commercial drivers (regardless of nationality) to:
- Read and understand traffic signs
- Communicate with the public and law enforcement
- Respond to official inquiries
- Maintain required reports and records
DOL emphasized that these standards are essential to ensuring road safety for both drivers and the public.
Employer Compliance Obligations
The guidance makes clear that DOL will actively review applications to ensure employers have properly included required qualifications, including English proficiency.
If an application is missing these requirements:
- The employer will receive a Notice of Deficiency
- Processing will be paused until corrections are made
While DOL reviews application content, responsibility for evaluating a worker’s actual language ability remains with:
- The FMCSA (for safety compliance)
- The Department of State (during visa adjudication)
Implementation Timeline
The guidance will take effect 30 days after its publication (May 14, 2026) and will apply prospectively to new filings.
This grace period is intended to give employers time to review and update their recruitment materials and application processes.
Policy Context
DOL indicated that the guidance supports broader federal priorities, including recent executive actions focused on:
- Road safety and compliance for commercial drivers
- Standardization of English language requirements in federal programs
The agency also noted that most employers are already complying with these requirements, and the guidance is intended to ensure uniform enforcement across all filings.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.