US Department of Labor reinforces English language proficiency requirements for foreign workers operating commercial motor vehicles

WASHINGTON - The U.S. Department of Labor's Office of Foreign Labor Certification today issued sub-regulatory guidance in the form of frequently asked questions to clarify the information employers are required to provide when seeking foreign workers who will be engaged in the operation of a commercial motor vehicle. Specifically, the FAQs now clarify that all job orders and applications for temporary or permanent labor certification for positions which would require foreign workers to operate a commercial motor vehicle must include an English language proficiency standard that is consistent with established federal requirements.

Requiring inclusion of the English language proficiency standard in job orders and labor certification applications aims to address two critical issues. First, the department is committed to ensuring the safety of both commercial motor vehicle operators and American drivers. Second, in issuing this guidance, the department seeks to do its part to advance two impactful 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."

Under current regulations, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration has implemented regulations that prohibit individuals, including foreign nationals, from operating a commercial motor vehicle unless they possess the necessary qualifications, including 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 Federal Motor Carrier Safety Administration is primarily responsible for enforcement, the department's Office of Foreign Labor Certification also ensures that employers include the required skills, qualifications, and certifications for job opportunities involving commercial motor vehicle operation, which includes English language proficiency. Although a significant portion of the regulated community already complies with this federal requirement, the department wants to ensure uniformity among all employers seeking to hire foreign workers as commercial motor vehicle operators, helping to ensure maximum safety for America's roadways.

"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."

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 English language proficiency remains the responsibility of the Federal Motor Carrier Safety Administration and, for foreign workers seeking visas, the U.S. Department of State, which conducts its own proficiency assessments during visa interviews.

Implementation of these FAQs will be delayed by a period of 30 days following their publication on May 14, 2026, to allow the regulated community time to review and will be applied prospectively to filings thereafter.

Read the FAQs on the English language proficiency standard for commercial motor vehicle drivers.