PERM Backlog Reduction Act: Bipartisan Bill Would Create 30-Day Premium Processing

What Happened

On August 13, 2026, Representatives Glenn Grothman (R-WI) and Lou Correa (D-CA) formally [announced the PERM Backlog Reduction Act](https://grothman.house.gov/news/documentsingle.aspx?DocumentID=5342), a bipartisan bill that would establish an optional premium processing program for the Department of Labor's PERM labor certification system. The bill, designated [H.R. 10051](https://www.quiverquant.com/bills/119/hr-10051), was introduced in the House on August 6 and referred to the House Committee on the Judiciary.

The PERM system — Program Electronic Review Management — is the mandatory first step for most employment-based green card applications in the EB-2 and EB-3 categories. Employers must file Form ETA-9089 to demonstrate that no qualified U.S. worker is available for the position before sponsoring a foreign worker for permanent residence. The system has been plagued by severe processing delays, with the Department of Labor's Office of Foreign Labor Certification (OFLC) currently taking an [average of 372 calendar days](https://flag.dol.gov/processingtimes) to complete analyst review of PERM applications as of July 2026.

What the Bill Would Do

The PERM Backlog Reduction Act proposes a straightforward mechanism: employers could voluntarily pay a $1,200 fee for expedited 30-day processing of their ETA-9089 permanent labor certification applications. The key provisions include:

• Optional $1,200 premium processing fee for Form ETA-9089 filings, with the fee adjusted annually for inflation beginning in FY2028.
• A mandatory 30-day adjudication deadline for premium-processed applications — a dramatic reduction from the current 372-day average.
• Creation of a dedicated PERM Premium Processing Fee Account within the U.S. Treasury, with all fees earmarked exclusively for program operations, system modernization, and backlog reduction.
• Revenue from the program would also help reduce processing delays for the ETA-9141 Prevailing Wage Determination form, which currently has its own significant backlog.

Current PERM Backlog: The Numbers

The scale of the PERM backlog underscores why this legislation has bipartisan support. According to [OFLC processing time data](https://flag.dol.gov/processingtimes) updated as of August 7, 2026:

• Analyst Review queue: Currently adjudicating cases filed in September 2025 — an 11-month backlog.
• Audit Review queue: Processing cases from December 2025.
• Average processing time: 372 calendar days for analyst review completions in July 2026.
• Prevailing Wage Determinations for PERM: Processing OEWS requests from April 2026 and non-OEWS from March 2026, with over 49,000 requests pending from April through June 2026 alone.
• Reconsideration requests to the Certifying Officer: Queue at March 2026.

Who's Affected

The bill would primarily impact employers sponsoring foreign workers for EB-2 and EB-3 green cards through the PERM process, and the workers waiting on those applications.

• EB-2 employers (professional positions requiring advanced degrees or exceptional ability) — including companies sponsoring workers who might otherwise qualify for EB-2 NIW but prefer employer sponsorship.
• EB-3 employers (skilled workers, professionals, and other workers) — including Schedule A occupations such as nurses and physical therapists, where PERM processing delays have been particularly acute.
• Foreign workers on H-1B, L-1, O-1, or other nonimmigrant visas whose green card timelines are extended by PERM backlogs.
• Healthcare employers relying on Schedule A workers, where the combination of PERM delays and the current regulatory environment has complicated workforce planning.

What Attorneys Should Know

This bill is early-stage legislation with no guarantee of passage, but attorneys should track it for several reasons. The bipartisan sponsorship — a Republican and a Democrat — and the endorsement by employer coalitions suggest real legislative interest in addressing PERM delays through a self-funded model rather than new appropriations.

The $1,200 fee is modest compared to USCIS premium processing fees (currently $2,805 for Form I-140). If enacted, the fee structure could meaningfully change case strategy: employers facing time-sensitive green card sponsorship could opt into premium processing to secure the labor certification within 30 days, then immediately file the I-140 petition.

Key questions that remain unanswered in the bill text as publicly available include: how the 30-day clock would interact with audit cases, whether the fee would apply to amended applications or only initial filings, and what remedies would exist if DOL fails to meet the 30-day deadline. Attorneys should monitor the House Judiciary Committee for markup scheduling and any companion Senate legislation.

The bill does not change any substantive PERM requirements — the labor market test, recruitment obligations, prevailing wage requirements, and all existing regulatory standards under 20 CFR Part 656 remain unchanged. This is purely a processing-speed mechanism.

What Applicants Should Do

For workers currently waiting on PERM applications or considering employer-sponsored green cards, here's the practical takeaway:

• No immediate changes: This is a proposed bill, not law. Current PERM filing procedures, timelines, and fees remain exactly as they are today.
• Continue with existing cases: Do not delay any pending PERM filings or green card planning in anticipation of this bill. Legislative timelines are unpredictable, and the current 372-day average processing time means any delay compounds significantly.
• Talk to your attorney about timing: If your employer is preparing to file PERM in the coming months, discuss whether the filing strategy should account for the possibility of premium processing becoming available — though this should not delay the actual filing.
• Watch for a Senate companion bill: For this legislation to advance, it will likely need a companion bill in the Senate. The presence of bipartisan support in the House is a positive signal but far from sufficient for enactment.

Legislative Context and Outlook

The PERM Backlog Reduction Act arrives in a legislative environment where employment-based immigration is receiving attention from multiple angles. The 119th Congress has seen proposals ranging from the expansion of the 9-11 Response Fee to H-1B and L-1 extensions (effective September 9, 2026) to the proposed elimination of the 60-day grace period for H-1B holders — both of which increase costs and reduce flexibility for employers and workers.

Against that backdrop, the PERM Backlog Reduction Act stands out as a rare piece of employment-based immigration legislation that is designed to be employer-friendly and self-funding. The bill's endorsers — the Critical Labor Coalition, Eb3.Work, and the Coalition of Franchisee Associations — represent a broad cross-section of industries that rely on the PERM process, from technology to healthcare to food service.

Whether the bill advances through the Judiciary Committee and reaches the House floor will depend on whether it can be attached to a broader legislative vehicle or move on its own merits. Attorneys and employers should contact their representatives to express support if they believe premium PERM processing would benefit their operations.