DOL Tightens English Proficiency Rules for Foreign Truck Drivers

Foreign national truck and bus drivers must meet English language proficiency standards, according to recently issued guidance from the U.S. Department of Labor (DOL).

The DOL’s Office of Foreign Labor Certification (OFLC) issued frequently asked questions to clarify the information employers are required to provide when seeking foreign national workers who will be engaged in the operation of a commercial motor vehicle.

Specifically, the DOL clarifies that all applications for temporary or permanent labor certification for positions which would require foreign national workers to operate a commercial motor vehicle must include an English language proficiency standard that is consistent with established federal requirements.

If businesses fail to include the standard, the DOL will halt processing of labor certification applications until corrected. The guidance will take effect June 15.

“Holding employers to existing English language proficiency requirements is critical to keeping Americans safe on our roads,” said Acting DOL 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.

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The OFLC guidance notes that screening and testing for English language proficiency remains the responsibility of the Federal Motor Carrier Safety Administration (FMCSA), while the State Department separately conducts proficiency assessments during visa interviews.

While the FMCSA handles most enforcement, the OFLC 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.

“Specifically, the worker must be able to read and speak English 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,” said Jason Resnick, senior vice president and general counsel of the Western Growers, an association representing family farmers growing fresh produce in Arizona, California, Colorado and New Mexico.

For H-2A employers of foreign agricultural workers, “this means job orders involving commercial motor vehicle operation should be reviewed carefully to ensure the required language is included,” Resnick said. “Importantly, the FAQ notes that even where certain agricultural drivers may be exempt from CDL requirements, they may still be subject to FMCSA driver qualification rules, including the English language proficiency requirement, when operating a commercial motor vehicle in interstate commerce.”

Resnick added that the FAQs highlight FMCSA enforcement guidance stating that drivers who fail to meet the English language proficiency requirement may be cited and placed out of service. “Translation tools, including interpreters, cue cards, I-Speak cards, smartphone apps, or similar tools, may not be used during the English language proficiency assessment,” he said.

Commercial truck and bus operators have seen increasing demand for foreign workers amid ongoing labor shortages in the U.S. logistics and transportation sectors. Immigration attorneys recommend that employers immediately review and update their job descriptions, recruitment materials, and labor certification applications to explicitly state the English language proficiency requirement.