DOL 2026 Alert: Employers Must Include English Proficiency Language in CMV Labor Certifications

The Department of Labor's Office of Foreign Labor Certification (OFLC) issued new guidance on May 14, 2026, mandating that employers explicitly include English Language Proficiency (ELP) standards in job orders and labor certification applications for foreign workers who operate commercial motor vehicles (CMVs). The guidance takes effect June 15, 2026, and applies to all filings submitted on or after that date. The ELP requirement is not new — it originates from longstanding Federal Motor Carrier Safety Administration (FMCSA) regulations — but the DOL now requires that the standard appear expressly in writing within each filing. Employers may use the DOL's model language, which requires workers to converse with the public, understand highway signs, respond to official inquiries, and make entries in records, all in English. For EB-3 applicants in the transportation and agricultural sectors, this change has direct implications. Failure to include compliant ELP language in a PERM (Permanent Labor Certification) application may result in outright denial. For temporary programs such as H-2A, H-2B, and CW-1, the DOL may issue a Notice of Deficiency and halt processing until the issue is corrected. Notably, the guidance clarifies that the ELP standard can apply even when a commercial driver's license (CDL) is not required — for example, certain exempt or agricultural drivers remain subject to federal driver qualification standards including ELP. Employers are also cautioned that applicants cannot use translation tools, I-Speak cards, smartphones, or interpretation services during ELP assessments. Employers sponsoring foreign workers in CMV-related roles should review all pending and upcoming PERM filings immediately and update job order templates before the June 15 deadline to avoid processing delays or denials.