The PERM Backlog Reduction Act of 2026 establishes an optional, fee-based premium processing program to ensure permanent labor certification applications are adjudicated within 30 days.
Glenn Grothman
Representative
WI-6
The PERM Backlog Reduction Act of 2026 establishes an optional, fee-based premium processing program to accelerate the permanent labor certification process. Under this legislation, the Department of Labor is required to adjudicate expedited Form ETA-9089 applications within 30 days. The bill ensures that these expedited services are funded by user fees while mandating that standard processing times for non-expedited applications remain unaffected.
New PERM Backlog Reduction Act Proposes $1,200 'Fast Pass' for Immigrant Work Visas
If you’ve ever waited in a long line at a theme park and watched people with 'Express Passes' breeze past you, you’ll recognize the logic behind the PERM Backlog Reduction Act of 2026. Right now, the process for a company to sponsor a foreign worker for permanent residency (the PERM process) is notorious for being a bureaucratic slog. This bill aims to change that by creating a premium processing lane. For a starting fee of $1,200, the Department of Labor (DOL) would be legally required to process an employer’s labor certification within 30 days. If the government misses that window and the employer follows up, they have just 15 more days to get it done.
The Cost of Cutting the Line
This isn't just a one-time fee of $1,200. The bill includes an automatic 'inflation adjustment' starting in 2028, meaning the price will climb every year based on the Consumer Price Index. The money collected goes into a specific DOL account to pay for extra staff, better tech, and fraud detection. For a tech startup in Silicon Valley or a large hospital system, $1,200 is a drop in the bucket to get a critical hire settled. However, for a small family-owned restaurant or a local construction firm, this creates a 'pay-to-play' system. The bill explicitly states that this new fast lane shouldn't slow down the 'standard' line, but in the real world, when resources are limited, there’s always a risk that the people who can’t afford the fee end up waiting even longer.
Moving Fast and Breaking Rules
To get this program up and running quickly, the bill gives the government a bit of a 'hall pass' on transparency. Section 2 allows the Secretary of Labor to bypass certain parts of the Administrative Procedure Act and the Paperwork Reduction Act. Normally, these laws require the government to tell the public what they’re doing, take comments, and justify new rules before they start. By skipping these steps, the program could launch faster, but it also means there’s less opportunity for the public—or small business owners—to weigh in on how the rules are written. It’s a classic trade-off: speed versus oversight.
The 'Appropriate' Catch-All
One detail worth watching is how the money gets spent. While the bill lists specific uses like hiring and training, it also gives the Secretary of Labor the power to use the funds for 'any other purpose' they deem 'appropriate.' That’s pretty broad language for a government fund. Whether you’re a software engineer waiting on your green card or a business owner trying to fill a specialized role, this bill could be a game-changer for your timeline—provided you have the cash to skip the line. The big question remains whether the 'standard' processing lane will actually stay steady or if it will slowly wither as the premium lane becomes the new priority.