A question raised by a Texas truck driver has prompted a clear response from the U.S. Department of Labor: H-2A visa holders operating commercial motor vehicles are subject to the same federal English-language proficiency requirements as other commercial drivers.
The truck driver, who requested anonymity, contacted FreightWaves after reading about a Canadian truck driver arrested in New Mexico over alleged cabotage violations. His question was specific: does the federal English-language enforcement policy also apply to H-2A workers driving trucks with Mexican commercial licenses?
“Many Mexican CDL drivers are contracted via the federal H-2A program here in Texas and many other states,” the driver wrote.
The Department of Labor said the answer is yes.
“The guidance applies to any person operating a commercial motor vehicle who is hired and employed under a temporary or permanent labor certification granted by DOL, including H-2A,” a department spokesperson told FreightWaves.
The requirement must be applied by employers in a nondiscriminatory manner, according to the spokesperson.
The clarification is particularly relevant to agricultural employers participating in the H-2A labor-certification process. It confirms that foreign agricultural workers do not receive a separate English-language standard simply because they are employed under the H-2A program.
Under federal regulations, anyone operating a commercial motor vehicle in interstate commerce must be able to read and speak English well enough to communicate with the public, understand highway signs and signals, respond to official questions and complete entries on reports and records.
The Federal Motor Carrier Safety Administration’s current roadside policy applies to all drivers operating commercial motor vehicles in interstate commerce in the United States. Drivers who fail the agency’s English-language assessment can be placed out of service.
There is, however, a limited enforcement treatment for trips that remain within U.S.-Mexico border commercial zones.
Neither FMCSA nor the Texas Department of Public Safety responded to FreightWaves’ questions about whether either agency maintains data on roadside English-language violations or out-of-service orders specifically involving H-2A drivers.
Thousands of transportation jobs fall within the broader H-2A picture
The potential scope of the issue extends well beyond a handful of individual drivers. Labor Department data indicates that thousands of seasonal transportation jobs have been certified through the H-2A program, although the public records do not identify workers by nationality, the licenses they hold or whether every certified position was ultimately filled.
Between Oct. 1, 2025, and June 30, 2026, the Department of Labor’s Office of Foreign Labor Certification certified approximately 470 H-2A applications covering 3,320 jobs within the broader Transportation and Material Moving Occupations category, excluding hand packers.
An analysis by FreightWaves of the department’s disclosure file found that 310 of those applications, representing 2,609 jobs, were specifically classified as heavy and tractor-trailer truck drivers or light truck drivers.
Those truck-driving positions accounted for nearly 79% of the 3,320 transportation-related jobs identified by DOL.
The remaining positions covered a variety of transportation occupations, including shuttle drivers and chauffeurs, commercial pilots, aircraft service attendants, bus drivers and several other jobs.
That distinction is important. DOL described the 3,320 positions as occupations “generally associated” with operating commercial motor vehicles. The figure therefore should not be interpreted as an exact count of H-2A truck drivers.
Texas ranked first nationwide, with 515 certified H-2A truck-driver jobs spread across 40 applications. Louisiana followed with 448 jobs, while New Mexico recorded 272.
Iowa had 140 certified positions, Arizona had 112 and California had 111.
The certifications indicate where employers received authorization to hire temporary foreign workers. They do not establish how many workers ultimately obtained visas, entered the United States, operated commercial vehicles or underwent an English-language inspection.
The data also does not reveal how many of those workers held Mexico’s federal commercial driver’s license.
The United States recognizes Mexico’s Licencia Federal de Conductor for commercial operations, but does not recognize commercial licenses issued by individual Mexican states.
As a result, a qualified Mexican driver using the federally issued license does not need to obtain a state-issued U.S. CDL solely because that driver is employed by a U.S. company.
Cabotage cases add another layer of scrutiny
The issue comes as Mexican and Canadian commercial drivers continue to face scrutiny over compliance with U.S. transportation rules.
A separate case involved Mexican nationals arrested in connection with a cabotage investigation at an Arizona truck driving school, highlighting the broader attention being paid to foreign commercial drivers and their compliance with U.S. regulations.
DOL reports no major compliance problems so far
The Department of Labor announced its English-language guidance on May 14 and began applying it prospectively to filings submitted June 15.
Under the guidance, job orders and applications for temporary or permanent labor certification must include an English-language proficiency standard consistent with federal requirements whenever the position requires the worker to operate a commercial motor vehicle.
If an employer fails to include the requirement, DOL can issue a notice of deficiency and pause the application until the filing is corrected.
The responsibilities remain divided among federal agencies. FMCSA is responsible for roadside screening and enforcement, while the State Department conducts its own proficiency assessments during visa interviews.
Despite the new guidance, DOL said it has not identified significant compliance problems since implementation began.
“Many employers already disclosed ELP requirements on agricultural job orders previously,” the department spokesperson said, adding that employers have not been required to amend applications or job orders “in any significant manner.”
The Office of Foreign Labor Certification has received a moderate number of requests for additional frequently asked questions and clarification about how the May guidance should be implemented, according to DOL.
For now, the federal guidance leaves little ambiguity on the central issue: H-2A status does not exempt a commercial driver from the English-language requirement.
What remains unknown is how frequently H-2A drivers are actually encountering the policy during roadside inspections and how often failed assessments lead to out-of-service orders.
Neither FMCSA nor the Texas Department of Public Safety provided visa-specific enforcement data that would answer those questions.
Why it matters
Agricultural employers received certification for at least 2,609 H-2A truck-driver jobs during the first nine months of fiscal 2026. Those workers are subject to the same federal English-language standard as other interstate commercial drivers, regardless of their H-2A status or the fact that they may operate with a federally issued Mexican commercial license.
