American Hiring Transparency Act
- Sponsor
- Sen. Scott, Rick [R-FL]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Jul 28, 2026
Bottom line
The bill imposes a new, non-waivable $10,000 minimum fee on employers applying for permanent foreign labor certification, with funds supporting federal labor and employment services.
What it actually does
This bill, titled the 'American Hiring Transparency Act,' requires employers seeking permanent labor certification for foreign workers to pay a new fee of at least $10,000, subject to annual inflation adjustments. Half of the collected fees would go to the general fund of the Treasury, while the other half would be deposited into a new 'PERM Fee Account.' Funds from this account would be split equally between the Department of Labor and the Office of Personnel Management to be expended without further appropriation, with OPM's share specifically designated for upgrading the USAJOBS website to facilitate labor market testing.
Proponents argue
Proponents argue that this fee would help ensure that employers genuinely prioritize hiring American workers by adding a significant cost to the process of seeking foreign labor certification. They contend that the revenue generated would also directly support federal efforts to improve domestic labor market transparency and efficiency, particularly through enhancements to the USAJOBS website, thereby benefiting American job seekers.
Opponents contend
Opponents might argue that imposing a substantial fee on permanent labor certification could unduly burden businesses, especially small and medium-sized enterprises, that rely on foreign workers to fill critical skill gaps when no qualified American workers are available. They may contend that such a fee could discourage investment, increase operational costs, and potentially slow economic growth by making it harder for businesses to access necessary talent.
The bill is concise and can be read and understood quickly, allowing ample time for evaluation.
Section 1
Short Title
This section establishes the official short title of the bill as the 'American Hiring Transparency Act.' This title is used for easy reference and public identification of the legislation, reflecting its stated purpose of promoting transparency in hiring practices related to foreign workers.
Supporters argue
Supporters argue that a clear and concise short title helps communicate the bill's intent to the public and stakeholders, emphasizing its focus on transparency in the hiring of American workers.
Critics contend
No specific opposition is typically raised against the naming of a bill, though opponents may criticize the implied transparency if they believe the bill's effects are counterproductive.
Tradeoffs
This provision primarily serves an organizational function and does not present significant tradeoffs.
Section 2(b)(1)-(3)
Permanent Labor Certification Fee Requirement
This provision mandates that employers filing an Application for Permanent Employment Certification (Form ETA 9089) or similar forms must pay a new fee. During fiscal year 2027, this fee will be the greater of $10,000 or an amount set by the Secretary of Labor. Starting in fiscal year 2028, the fee will be adjusted annually for inflation based on the Consumer Price Index for All Urban Consumers (CPI-U). This fee is in addition to any other fees and cannot be waived or reduced.
Section 2(b)(4)
PERM Fee Account and Fund Allocation
This section establishes a new 'PERM Fee Account' in the general fund of the Treasury. It dictates that 50% of all fees collected from the permanent labor certification process will be deposited into this new account, with the other 50% going directly to the general fund of the Treasury. Of the funds deposited into the PERM Fee Account, half will be made available to the Secretary of Labor and the other half to the Director of the Office of Personnel Management (OPM), both to be expended without further appropriation. OPM's share is specifically for upgrading and maintaining the USAJOBS website to facilitate labor market testing.