On May 14, 2026, the Department of Labor’s Office of Foreign Labor Certification (OFLC) issued a Frequently Asked Questions (FAQ) document, Minimum Job Requirements for the Operation of Commercial Motor Vehicles (CMV). The FAQ reminds employers about the minimum requirements for CMV drivers and focuses on the English language proficiency (ELP) requirement.
The FAQ notes that explicit inclusion of ELP language for all employers has not previously been required. The FAQ states that “[a]ll job orders and/or applications seeking temporary or permanent labor certification for jobs requiring the operation of a CMV must include an ELP standard consistent with 49 C.F.R. § 391.11(b)(2). Additionally, possessing knowledge of the structure and content of the English language is already an expected qualitative skill by those employers who presently employ U.S. workers in occupations involving the operation of CMVs.”
OFLC said that employers should include language in their job orders and applications that is consistent with federal regulatory standards concerning ELP. As an example, OFLC said the following would be in compliance: “The worker must be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.”
OFLC reminded employers that “other agencies involved in the employment-based visa petition or issuance processes may have additional evidentiary requirements regarding ELP.”
