DOL issues sub-regulatory guidance for employers
WASHINGTON — All job orders and applications for temporary or permanent labor certification for positions that would require foreign workers to operate a commercial motor vehicle (CMV) must include an English language proficiency (ELP) standard that is consistent with established federal requirements.
The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification made the announcement May 14, 2026, in conjunction with the issuance of sub-regulatory guidance in the form of a FAQ sheet.
Through this guidance, the DOL says, it is working to reinforce two White House Executive Orders — Enforcing Commonsense Rules of the Road for America’s Truck Drivers and Designating English as the Official Language of the United States.
“Holding employers to existing English language proficiency requirements is critical to keeping Americans safe on our roads,” said Acting Labor Secretary Keith Sonderling. “At President Trump’s direction, the Department of Labor is doing our part to ensure that foreign workers possess necessary English language skills to safely operate commercial motor vehicles.”
The Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations that prohibit individuals, including foreign nationals, from operating a commercial motor vehicle unless they possess the necessary qualifications. These qualifications include the ability to read and speak English sufficiently to understand traffic signs, communicate with the general public, respond to official inquiries and make entries in reports and other records.
While the FMCSA handles most enforcement, the DOL’s Office of Foreign Labor Certification also requires employers hiring commercial motor vehicle drivers to list all required skills, qualifications, certifications and English-language proficiency standards in job postings. Officials said many employers already comply, but the department wants consistent standards across the industry to help improve highway safety.
“As part of our responsibility to review job orders and labor certification applications for compliance with federal law, the Department of Labor ensures required qualifications – such as the English language proficiency standard — are clearly stated in employer filings,” said Brian Kennedy, director of the Office of Foreign Labor Certification’s Office of Immigration Policy.
“This helps promote safety for everyone through regulatory compliance while ensuring clarity and consistency for workers, employers and federal partners,” Kennedy said.
What does this mean for employers?
If employers fail to include the required English language proficiency standard, the Department of Labor will issue the employer a “Notice of Deficiency” and pause processing of the labor certification application until the employer corrects the filing, as outlined in the FAQs.
Screening and testing for ELP remains the responsibility of the FMCSA and, for foreign workers seeking visas, the U.S. Department of State, which conducts its own proficiency assessments during visa interviews.
Implementation of the DOL’s guidance will begin June 14, 2026.
Click here to read the DOL’s FAQ sheet.
Linda Garner-Bunch has been with The Trucker since 2020, picking up the reins as managing editor in 2022. Linda has nearly 40 years of experience in the publishing industry, covering topics from the trucking and automotive industry to employment, real estate, home decor, crafts, cooking, weddings, high school sports — you name it, she’s written about it. She is also an experienced photographer, designer and copy editor who has a heartfelt love for the trucking industry, from the driver’s seat to the C-suite.
