August 6, 2026
Mr. Grothman (for himself and Mr. Correa) introduced the following bill; which was referred to the Committee on the Judiciary
To establish and collect fees for an optional program to expedite the processing of forms required to obtain a permanent labor certification, and for other purposes.
Section 1. Short title
This Act may be cited as the PERM Backlog Reduction Act of 2026
.
Sec. 2. Expedited permanent labor certification program
(a) In general
The Secretary of Labor shall establish and collect a fee for an optional program to expedite the processing of form ETA–9089, or any successor form, required to obtain a permanent labor certification under section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) for employers seeking to employ immigrants.
(b) Processing time
(1) In general
The Secretary shall process form ETA–9089, or any successor form, not later than 30 calendar days after an employer submits such form.
(2) Request for information
If an employer submits a request for information with respect to any form that has not been processed within the time period required under paragraph (1), the Secretary shall process form ETA–9089, or any successor form, not later than 15 calendar days after receipt of such request.
(c) Fees
(1) Fee amounts
The fee described in subsection (a) for form ETA–9089, or any successor form, shall be $1,200.
(2) Adjustment for inflation
Beginning fiscal year 2028, and each fiscal year thereafter, the fee amount under paragraph (1) shall be increased by an amount equal to—
(A)
such amount; multiplied by
(B)
the percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI–U) published by the Bureau of Labor Statistics of the Department of Labor for the 12-month period ending July 31 of the preceding fiscal year.
(3) Rounding
If any amount, as increased under paragraph (2), is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.
(4) Deposit of fees
(A) In general
There is established in the general fund of the Treasury a separate account which shall be known as the DOL PERM Premium Processing Fee Account
.
(B) Deposit
Any fees collected pursuant to this section shall be deposited into the DOL PERM Premium Processing Fee Account to remain available until expended to the Secretary for the purposes described in paragraph (5).
(5) Use of fees
Any fees collected under this section shall be used—
(A)
to administer the program established under this section;
(B)
for any initial and ongoing staffing needed to implement such program;
(C)
for training;
(D)
for case adjudication;
(E)
for any system upgrades;
(F)
to detect any fraud with respect to such program; and
(G)
for any purpose as determined appropriate by the Secretary.
(d) Standard processing
The Secretary shall ensure that implementation of the program established under this section does not adversely affect the processing time of forms required to obtain a permanent labor certification under section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) for employers seeking to employ immigrants (including forms ETA–9141 and ETA–9089, or any successor forms) submitted outside such program.
(e) Implementation
The Secretary shall issue such rules, guidance, and procedures as may be necessary to carry out this section.
(f) Requirement
The Secretary shall ensure that any fees collected under this section are sufficient to support—
(1)
timely processing of form ETA–9141, or any successor form; and
(2)
the administration of the program established under this section.
(g) Exemptions
(1) Administrative Procedure Act
Except for regulations promulgated pursuant to this Act, section 552 of title 5, United States Code (commonly known as the Freedom of Information Act
), and section 552a of such title (commonly known as the Privacy Act
), chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act
), and any other law relating to rule making, information collection, or publication in the Federal Register, shall not apply to any action to implement this Act to the extent the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that compliance with any such law would impede the expeditious implementation of this Act.
(2) Paperwork Reduction Act
Chapter 35 of title 44, United States Code, shall not apply to any action to implement this Act to the extent the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that compliance with such chapter would impede the expeditious implementation of this Act.