PERM Backlog Reduction Act of 2026

The PERM Backlog Reduction Act of 2026 requires the Department of Labor (DOL) to establish an optional premium processing program to speed up permanent labor certification applications (Form ETA-9089) for employers seeking to employ immigrants. The bill sets strict processing deadlines, establishes a dedicated user fee to fund the program, and allows federal agencies to bypass certain administrative procedures to implement the service more quickly.

* **Employers:** Businesses and organizations seeking to sponsor immigrant workers who choose to use the optional expedited application process. * **Federal Agencies:** * Department of Labor (DOL) * Department of the Treasury * Department of Homeland Security (DHS) * Department of State * Department of Justice (DOJ / Attorney General) * **Standard (Non-Premium) Applicants:** Employers submitting standard labor certification applications, whose processing times are protected under the bill.

* **Fast-Track Processing:** The Secretary of Labor must process expedited Form ETA-9089 applications within 30 calendar days of receipt. * **Overdue Application Follow-Ups:** If a premium application is not processed within 30 days and the employer submits a follow-up inquiry, the DOL must complete processing within 15 calendar days of receiving that inquiry. * **Faster Agency Setup:** Officials from DHS, the Department of State, or the Department of Justice may bypass standard rulemaking and publication requirements under the Administrative Procedure Act (APA) and Paperwork Reduction Act (PRA) if they determine that following those normal procedures would slow down the launch of the expedited program.

* **Expedited Processing Fee:** Employers who choose to use the fast-track program must pay an initial fee of $1,200. * **Inflation Adjustments:** Beginning in Fiscal Year 2028, the DOL must adjust this fee annually based on changes in the Consumer Price Index for All Urban Consumers (CPI-U), rounding to the nearest $10. * **Dedicated Treasury Account:** All collected fees will go into a newly created U.S. Treasury account called the "DOL PERM Premium Processing Fee Account." Funds will remain available until spent. * **Permitted Uses of Funds:** The DOL must use fee collections to support: * Program administration, staffing, and staff training. * Application adjudication and computer system upgrades. * Fraud detection programs. * Any other purpose the Secretary of Labor determines appropriate. * **Revenue Requirements:** The Secretary of Labor must ensure total fee revenue is sufficient to operate the expedited program and maintain timely processing for Prevailing Wage Determinations (Form ETA-9141).

* **Protection for Standard Processing:** The bill explicitly requires the Secretary of Labor to ensure that offering expedited processing does not lengthen processing times for standard, non-premium labor certification filings (including Forms ETA-9089 and ETA-9141). * **Transparency Laws Remain Intact:** While agencies may bypass general administrative rulemaking laws to implement the program faster, they cannot bypass the Freedom of Information Act (FOIA) or the Privacy Act.

This bill creates a voluntary $1,200 fast-track option for employers seeking permanent labor certifications for immigrant workers, requiring the Department of Labor to make decisions within 30 days. The fee revenue will fund the expedited system and related agency operations, while the bill strictly mandates that standard, non-paying applicants cannot face delays as a result.