The U.S. Department of Labor’s Office of Foreign Labor Certification has issued a new FAQ addressing minimum job requirements for foreign workers who will operate commercial motor vehicles (CMVs) under temporary or permanent labor certification programs.
The FAQ confirms that job orders and applications requiring a foreign worker to operate a CMV must now expressly include an English language proficiency requirement consistent with federal motor carrier safety regulations. 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.
DOL states that this requirement applies prospectively beginning June 15, 2026. For H-2A employers, this means job orders involving CMV operation should be reviewed carefully to ensure the required language is included. If the language is omitted, OFLC may issue a Notice of Deficiency and, if not corrected, may deny the application.
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 CMV in interstate commerce.
The FAQ also highlights FMCSA enforcement guidance stating that CMV drivers who fail to meet the English language proficiency requirement may be cited and placed out of service, subject to a narrow border commercial zone exception. Translation tools, including interpreters, cue cards, I-Speak cards, smartphone apps, or similar tools, may not be used during the English language proficiency assessment.
Employers filing H-2A applications that include CMV driving duties should consider adding language such as:
“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.”
Employers should also evaluate whether additional job order language is appropriate for positions involving CMV operation, including the worker’s ability to answer questions in English regarding drive time, logbooks, trip information, shipping papers, CDL information, equipment, and U.S. highway signs.
Western Growers is available to members for guidance and support. For questions about the CMV rules, contact the Western Growers H-2A Services team.