The Department of Labor’s Office of Foreign Labor Certification will issue a Notice of Deficiency and pause processing of the labor certification application until the employer corrects the filing. The application is not denied — it is paused — and the employer can amend the job order to include the ELP qualification using language that mirrors the four functional capacities of 49 CFR §391.11(b)(2). The practical impact is a delay in the worker’s eligibility to begin commercial motor vehicle work in the United States.
