PERM Backlog Reduction Act of 2026
- Sponsor
- Rep. Grothman, Glenn [R-WI-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Aug 6, 2026
Bottom line
The bill creates a fee-based premium processing service for permanent labor certification applications, aiming to reduce backlogs and expedite processing while ensuring standard applications are not negatively impacted.
What it actually does
This bill establishes an optional premium processing program within the Department of Labor for Form ETA-9089, which is required for permanent labor certification. Employers can pay a $1,200 fee, adjustable for inflation, to receive a guaranteed processing time of 30 calendar days, or 15 days if a request for information is submitted. The fees collected will fund the program and are explicitly designated to not adversely affect standard processing times.
Proponents argue
Proponents argue that this bill provides a crucial mechanism for employers to overcome significant delays in the PERM process, enabling them to more quickly fill critical labor needs and retain skilled foreign workers. The self-sustaining fee structure ensures that the program does not burden taxpayers and provides dedicated resources to improve overall system efficiency and reduce backlogs.
Opponents contend
Opponents might contend that introducing a premium processing option creates an inequitable two-tiered system, where only well-resourced employers can afford faster service, potentially exacerbating backlogs for those who cannot pay. Concerns could also be raised about the Department of Labor's ability to genuinely guarantee that standard processing times will not be adversely affected, despite the bill's mandate.
The bill is very concise and can be read quickly, allowing ample time for comprehensive evaluation.
Section 2(a), 2(c)(1)
Creation of Premium Processing for PERM Applications
This provision directs the Secretary of Labor to establish an optional program allowing employers to pay a fee to expedite the processing of Form ETA-9089, which is essential for obtaining permanent labor certification. The initial fee for this expedited service is set at $1,200. This aims to provide a faster option for businesses seeking to employ immigrants.
Supporters argue
Supporters argue that this provision offers a much-needed solution for businesses facing urgent hiring needs, providing certainty and reducing the lengthy delays associated with the current PERM backlog. The fee ensures the service is self-funding.
Critics contend
Critics may contend that this creates an unfair 'pay-to-play' system, where only well-resourced employers can afford expedited service, potentially disadvantaging smaller businesses or non-profits and creating a two-tiered system.
Tradeoffs
This provision balances the demand for faster government services with concerns about equitable access and potential financial burdens on different types of employers.
Section 2(b)
Mandated Processing Deadlines for Premium Cases
The bill mandates that the Secretary of Labor must process expedited Form ETA-9089 applications within 30 calendar days. If an employer submits a request for information regarding a case not processed within this initial timeframe, the Secretary must process it within 15 calendar days of receiving that request. This establishes clear performance standards for the new premium service.
Section 2(c)(2)-(5)
Fee Adjustments and Dedicated Funding Account
This provision stipulates that the $1,200 fee will be adjusted annually for inflation, starting in fiscal year 2028, based on the Consumer Price Index for All Urban Consumers (CPI-U). All collected fees will be deposited into a newly established 'DOL PERM Premium Processing Fee Account' within the Treasury. These funds are dedicated to administering the program, including staffing, training, adjudication, system upgrades, and fraud detection.
Section 2(d)
Non-Adverse Impact on Standard PERM Processing
The bill explicitly requires the Secretary of Labor to ensure that the implementation of the new expedited program does not negatively affect the processing times for standard (non-premium) permanent labor certification forms, including ETA-9141 and ETA-9089. This provision aims to prevent the creation of a 'slow lane' for those who do not pay the premium fee, safeguarding the existing process.
Section 2(g)
Expedited Implementation Exemptions
This section grants the Secretaries of Homeland Security, State, or the Attorney General the authority to exempt actions taken to implement this Act from certain provisions of the Administrative Procedure Act (APA) and the Paperwork Reduction Act (PRA). This exemption applies if they determine that compliance with these acts would impede the expeditious implementation of the bill, allowing for faster rulemaking and reduced bureaucratic overhead.
Allows the Secretaries of Labor, Homeland Security, State, or the Attorney General to bypass certain requirements of the Administrative Procedure Act (APA) and the Paperwork Reduction Act (PRA) if they determine compliance would impede expeditious implementation of this Act.
Section 2(g)
Why it matters:While often included in legislation aiming for rapid deployment, particularly in areas deemed urgent, it can also be perceived as a mechanism to streamline the regulatory process by limiting public scrutiny and input, potentially making it less transparent.
Case for: Proponents argue that these exemptions are crucial for quickly establishing the premium processing program and addressing the urgent PERM backlog without being delayed by standard, often lengthy, administrative procedures.
Case against: Critics contend that bypassing these acts reduces transparency, limits public and stakeholder input on critical implementation details, and could lead to less robust or equitable regulations.
Estimated impact: Potentially significant impact on the process by which rules and forms are developed, affecting all employers and foreign workers involved in the PERM process by reducing opportunities for formal input.