Department of Labor cracks down on English proficiency standards for employers hiring foreign commercial vehicle drivers

The U.S. Department of Labor (DOL) is tightening English language hiring requirements for employers of foreign commercial vehicle drivers.

Federal authorities issued new guidance reinforcing the duty of employers to ensure English Language Proficiency (ELP) when hiring non-citizen commercial vehicle drivers.

On May 14, the DOL’s Office of Foreign Labor Certification issued an FAQ that clarifies that employers seeking foreign workers to operate commercial vehicles must include an ELP standard in all job orders and applications for temporary or permanent labor certification.

If employers fail to include the required ELP standard, the DOL will issue a “Notice of Deficiency” and pause processing of the labor certification application until the employer corrects the filing, officials said.

The new employer standard will go into effect 30 days after the May 14 publication of the new guidance.

While current Federal Motor Carrier Safety Administration (FMCSA) rules prohibit individuals who lack sufficient English language skills from operating commercial vehicles, the DOL issued the guidance 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.”

From the DOL:

“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.”

The DOL noted that the FMCSA will retain responsibility for screening and testing for English proficiency.

“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.”