DOL Alert: OFLC Issues English Proficiency FAQ for EB-3 Commercial Motor Vehicle Operators

On May 14, 2026, the Office of Foreign Labor Certification (OFLC) released a set of Frequently Asked Questions addressing English Language Proficiency (ELP) requirements for operators of commercial motor vehicles (CMVs). This guidance applies to employers sponsoring foreign nationals under labor certification programs, including EB-3, who will be employed in CDL-required driving positions. The FAQ publication follows federal regulations requiring CMV operators to sufficiently understand and respond in English — a requirement enforced by the Federal Motor Carrier Safety Administration (FMCSA). OFLC's clarification aims to help employers and immigration attorneys understand how this overlaps with the PERM labor certification process and what documentation may be needed when filing on behalf of foreign driver candidates. For EB-3 applicants targeting driving or logistics roles — such as long-haul truck drivers, delivery drivers, or heavy equipment operators — this guidance is particularly significant. Employers must ensure that job requirements listed in PERM applications accurately reflect the English proficiency standards mandated by FMCSA, avoiding mismatches that could trigger audits or denials. Practitioners are advised to review the FAQ document in full and align their PERM job descriptions and recruitment documentation accordingly. Failure to account for the ELP requirement in labor certification filings could delay or jeopardize green card sponsorship for workers in CMV-dependent roles.