On August 21, Secretary of State, Marco Rubio, announced a pause of issuance of visas for commercial truck drivers. The pause is being done “to conduct a comprehensive and thorough review of screening and vetting protocols used to determine their qualifications for a U.S. visa,”.

This is following the video of the apparently illegal truck driver from India that obtained a CDL in California. He was unable to pass a 12 question English proficiency test and could not read or understand many road signs. As I understand it, he made an illegal U-Turn on the Florida turnpike causing a minivan to crash into and under the truck trailer killing all in the van.

This is about all we know… with the exception of a few news outlets that are reporting that the pause concerns H-2B, E-2 and EB-3 Visas. The State Department has not said whether or not H-2A visas are affected. We are hoping to hear more regarding clarification that H-2A visas won’t be held up under this pause soon.

Following a 2023 rule change, the Heavy Duty Truck Driver classification was no longer able to fall into the “Big Six” job classification for the application of the standard AEWR. Instead they needed to be split out onto separate contract and have the OEWS wage applied as AEWR. This puts these contracts in a bit of jeopardy under this pause. The State Department Officials may not know that there are Truck Drivers in the H-2A program….which is fine.

We also do not know what the outcome of the “comprehensive and thorough review” will look like. Does this mean a recommendation to change the visa programs in some way…It is possible that the drivers must pass a English Proficiency test before they can work for a US company… It may mean minor changes. It could be no changes at all.

Southeastern Cotton Ginners opposed the changes to the AEWR that split truck drivers out.

At this point we advise you proceed with the expectation that you’ll get your drivers but understand this can change quickly. It could mean additional screening at the consulate. Whatever happens, whether you’re bringing in drivers with the “Licencia Federal de Conductor” license or getting the drivers to obtain a CDL once they are here on H-2A visas, I would recommend working to get them as proficient in the basics of English as possible and make sure they understand and can explain road signs.

More to Come…..