United States | DOL guidance reinforces English requirement for foreign workers operating commercial vehicles

The Department of Labor (DOL) announced that it has issued “sub-regulatory guidance” in the form of FAQs regarding certain employer obligations when sponsoring foreign workers for roles involving operation of commercial motor vehicles.

Key takeaways:

OFLC FAQs address English language proficiency standard. On May 14, 2026, the DOL’s Office of Foreign Labor Certification (OFLC) issued FAQs to “remind employers about the U.S. Department of Transportation’s English language proficiency requirements for operators of commercial motor vehicles in the United States and their obligations under these requirements when submitting foreign labor applications to OFLC.” The five-page FAQs can be reviewed here.

Screening and testing performed by Federal Motor Carrier Safety Administration. The DOL announcement notes that screening and testing for English language proficiency remains the responsibility of the Federal Motor Carrier Safety Administration, while the State Department separately conducts proficiency assessments during visa interviews.

Consequences for failure to include proficiency standard. Failure to include the required English language proficiency standard by employers will result in the DOL issuing a “Notice of Deficiency” and a pause in the processing of the labor certification application until the filing is corrected.

Implementation timeline. According to the DOL, “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.”

This alert has been provided by the BAL U.S. Practice Group.

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