H.R. 10051: PERM Backlog Reduction Act of 2026

This bill would create an optional fast-track processing program at the Department of Labor for certain immigration-related labor certification forms, especially ETA-9089 (and any replacement form). Employers use this certification process when they want to hire foreign workers for permanent jobs, and the form is part of proving that doing so meets the legal requirements.

What the program would do

• The Secretary of Labor would be required to set up a premium-processing option for these applications.
• Employers that choose the expedited option would pay a $1,200 fee.
• Beginning in fiscal year 2028, that fee would rise each year based on inflation, using the Consumer Price Index, and would be rounded to the nearest $10.
• Applications in the premium program would have to be processed within 30 calendar days.
• If an employer asks for information about an application that has not been handled in time, the Department of Labor would then have to process it within 15 calendar days after receiving that request.

How the money would be used

Fees collected under the program would go into a special Treasury account called the DOL PERM Premium Processing Fee Account. The money would remain available until spent and would be used to support the program, including:

• program administration,
• staffing,
• training,
• case processing,
• system upgrades,
• fraud detection, and
• other purposes the Secretary of Labor considers appropriate.

Effect on regular processing

The bill says the new expedited program should not make regular processing slower for employers who do not use the premium option. It specifically mentions that standard processing for related forms, including ETA-9141 and ETA-9089, should not be adversely affected.

Rulemaking and implementation

The bill would allow the Department of Labor to issue any needed rules, guidance, and procedures to run the program. It also includes provisions that would let certain administrative requirements, including parts of the Administrative Procedure Act and the Paperwork Reduction Act, be waived if officials determine they would slow down implementation.

Relevant Companies

None found