Labor & Employment Law Daily Wrap Up, DOL NEWS—Office of Foreign Labor Certification issues FAQ guidance on English-language requirements for foreign CMV drivers, (May 18, 2026)

By Patricia K. Ruiz, J.D.

New guidance mandates explicit English proficiency standards in labor certification filings for jobs requiring operation of commercial motor vehicles.

The Department of Labor (DOL) Employment and Training Administration, specifically its Office of Foreign Labor Certification, issued new frequently asked questions (FAQs) clarifying employer obligations when seeking labor certification for foreign workers who will operate commercial motor vehicles (CMVs). The guidance emphasizes existing federal driver qualification standards, particularly English-language proficiency (ELP), and requires employers to incorporate those standards expressly into job orders and applications. It also outlines compliance expectations, consequences for omissions, and an effective date for the new requirements. The new requirement to include an ELP standard in job orders and labor certification applications will take effect prospectively on June 15, 2026.

Clarification of ELP requirements. The FAQs provide detailed clarification of federal requirements applicable to foreign nationals operating CMVs. They reiterate that the Department of Transportation (DOT), through the Federal Motor Carrier Safety Administration (FMCSA), establishes driver qualification standards under federal law. Those standards require that any CMV driver—including foreign nationals—meet specific criteria, including being at least 21 years old, possessing appropriate licensing, passing road tests, and being physically qualified.

Critically, drivers must be able to read and speak English sufficiently to communicate with the public, understand traffic signs, respond to official inquiries, and complete records.

The FAQs highlight enforcement developments tied to a 2025 executive order addressing truck driver safety. Under updated FMCSA enforcement guidance, drivers found in violation of English-language requirements may be cited and placed out of service, subject to a limited border-zone exception.

Interpreters or apps. The FAQs make clear that tools such as interpreters or smartphone applications are no longer permitted during ELP assessments because they may mask a driver’s inability to communicate effectively in English.

Employer requirements. A central component of the new guidance is a requirement that employers explicitly include an English-language proficiency standard in job orders and applications for both temporary and permanent labor certification when the position involves CMV operation. While many employers already treat English proficiency as a job requirement, the FAQs state that its express inclusion has not previously been mandatory across all filings. Going forward, all such applications must incorporate language consistent with federal regulatory standards governing driver qualifications.

Additionally, the guidance clarifies that driver qualification requirements, including English proficiency, apply broadly even in situations where a CDL may not be required under certain exemptions. In other words, the absence of a CDL requirement does not relieve employers or drivers from compliance with the driver qualification standards set forth in federal regulations.

Model language. The FAQs provide model language employers may use to satisfy the ELP requirement, mirroring regulatory text that describes the ability to communicate, understand signage, and maintain records in English. They also explain the consequences of noncompliance. Applications that omit the required ELP standard may be deemed deficient and subject to denial if not corrected, with specific regulatory provisions cited for each visa category.

Assessment. The FAQs further outline optional steps employers may take to assess or describe English-language proficiency in their job postings. These include specifying that drivers must be able to answer questions about duty status, logbooks, cargo documentation, and vehicle equipment in English, as well as advising that translation tools are not permitted during inspections. Employers may also reference familiarity with U.S. highway signage as part of the qualification process.

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