Immigration Law
If your company is sponsoring foreign nationals to operate commercial motor vehicles through the PERM/EB-3 process, you have a compliance deadline coming up fast. Starting June 15, 2026, every labor certification application that involves a CMV-operating role must include an explicit English language proficiency (ELP) standard. If it doesn't, your application risks a deficiency notice — or outright denial.
This is not a proposal. It is final guidance from the U.S. Department of Labor's Office of Foreign Labor Certification, issued May 14, 2026.
This change flows directly from Executive Order 14286, signed by President Trump on April 28, 2025, titled Enforcing Commonsense Rules of the Road for America's Truck Drivers. That EO rescinded an Obama-era guidance that had relaxed English proficiency enforcement for CMV drivers — and directed federal agencies to bring their requirements back into strict alignment with existing DOT regulations.
Those regulations — specifically 49 C.F.R. § 391.11(b)(2) — have always required CMV drivers to be able to read and speak English sufficiently to converse with the public, understand highway signs and signals, respond to official inquiries, and make entries on records and reports. What changed is the enforcement posture: FMCSA made clear in May 2025 that violations will result in drivers being cited and placed in out-of-service status. Interpreters, I-Speak cards, and smartphone translation apps are no longer permitted during proficiency assessments.
The DOL is now bringing PERM labor certification requirements in line with that enforcement reality.
I covered the initial FMCSA enforcement changes and their implications for CDL-holding foreign drivers in my earlier post on new CDL rules for nonimmigrant truck drivers. This new guidance moves the compliance obligation upstream — into the sponsorship and hiring process itself.
Before getting to what's new, it's worth understanding the existing foundation.
Under 20 C.F.R. § 656.10(c)(7), PERM regulations already require employers to attest that the job opportunity's terms, conditions, and occupational environment are not contrary to federal, state, or local law. CMV operation is governed by federal DOT/FMCSA regulations. English proficiency has always been one of those federal requirements.
What was missing — until now — was an express requirement that employers state the ELP standard explicitly in the PERM application itself. The DOL is closing that gap.
The DOL has provided a specific model statement that satisfies the requirement. Your PERM application must include language consistent with the following:
"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."
This language maps directly to 49 C.F.R. § 391.11(b)(2). Using it — or a substantially equivalent formulation — protects your application from a deficiency finding on this basis.
The DOL also notes that while not required, employers may include additional ELP screening language. For example:
Including this additional language can help strengthen your application and signal that the ELP standard is genuinely integrated into your hiring process — not just a compliance checkbox.
The consequences are concrete. A PERM application that involves a CMV-operating role and omits the required ELP standard may receive a denial determination under 20 C.F.R. § 656.24.
For employers currently in the middle of an active PERM recruitment campaign or preparing to file, this is particularly important. A denial on procedural grounds like this — entirely avoidable — can set your sponsorship timeline back by a year or more and require restarting the entire process from scratch. Given that PERM adjudication times are currently running sixteen to seventeen months from the date of filing, the cost of getting this wrong is significant.
Some employers in the agricultural sector and other industries operate CMVs under FMCSA exemptions that waive the CDL requirement for certain roles. It's worth being explicit about this: those CDL exemptions do not eliminate the English proficiency requirement.
The driver qualification rules in 49 C.F.R. Part 391 — including the ELP standard — apply to all drivers operating a CMV in interstate commerce, regardless of whether they are required to hold a CDL. If your PERM application involves a position that requires CMV operation, the ELP language must be in the application. Full stop.
For companies actively sponsoring foreign truck drivers through the EB-3 process — something I discuss in detail in my post on EB-3 sponsorship for trucking companies — this update means your PERM application language needs to be reviewed before June 15.
If you have a PERM application in preparation right now, this is the moment to ensure the ELP standard is included. Applications already filed are not retroactively affected — the requirement applies prospectively from June 15. But any new filings after that date must comply, and the DOL has made clear it will enforce this standard through deficiency and denial procedures.
It is also worth noting that the DOL guidance covers your obligations at the labor certification stage specifically. Other agencies involved in the employment-based visa process — including the State Department and FMCSA — may have their own evidentiary standards around English proficiency. Satisfying the PERM requirement is necessary, but it does not exhaust the full compliance picture.
This ELP job order requirement is one piece of a larger regulatory environment that has shifted significantly over the past year for companies employing foreign-born drivers. The non-domiciled CDL interim rule, the FMCSA English proficiency enforcement policy, and now this DOL guidance all point in the same direction: stricter standards, more explicit documentation, and no tolerance for workarounds.
If you are sponsoring foreign workers for CMV-operating positions, or planning to begin the PERM process for truck driver roles, review your current application language now. June 15 is the deadline — and unlike some compliance changes, this one comes with a clear, simple fix.
Reach out to me directly if you'd like a review of your existing PERM applications or guidance on what needs to be updated before the deadline.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change, and individual circumstances vary. For advice specific to your situation, please consult with a qualified immigration attorney.
Oleg Gherasimov, Esq.
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