(Washington, D.C.) – Congressmen Glenn Grothman (R-WI) and Lou Correa (D-CA) introduced the PERM Backlog Reduction Act, legislation to reduce costly delays in the Department of Labor’s Program Electronic Review Management(PERM) system, which employers use to obtain permanent labor certifications required for certain permanent employment-based immigration petitions, by establishing an optional premium processing program for participating employers.

The bill establishes an optional fee for expedited processing of the ETA-9089 Permanent Employment Certification Form, which is one of the two required filings in the Department of Labor’s PERM process. The user fees generated would fund the program while also helping reduce processing delays for the additional ETA-9141 Prevailing Wage Determination Form, ensuring the program is fully supported without taxpayer dollars. Fees collected would be dedicated exclusively to modernizing the PERM system and reducing backlogs.

The PERM Backlog Reduction Act is endorsed by the Critical Labor Coalition, Eb3.Work, and the Coalition of Franchisee Associations. 

“Our legal immigration system should work efficiently for employers who follow the rules,” said Congressman Grothman. “Before an employer can permanently hire a foreign worker, the PERM process requires employers to first show that they were unable to find an available and qualified American worker to fill the position. Businesses that have already met those requirements shouldn’t be forced to wait through unnecessary bureaucratic delays that make it harder to plan for their workforce, fill critical positions, and grow our economy. The PERM Backlog Reduction Act provides employers with an optional, self-funded way to receive timely decisions while giving the Department of Labor the resources it needs to reduce backlogs and modernize the system. This is a practical solution that benefits American businesses without costing taxpayers a dime.”

“Businesses and employers across the country are trying to create jobs and grow our economy, but they’re being held back by unnecessary government delays,” said Congressman Lou Correa. “This bill gives the Department of Labor the resources to modernize the PERM process, reduce delays, and make sure our system works for employers, workers, and America’s economy.”

“The Critical Labor Coalition applauds Congressman Grothman for his leadership in introducing the PERM Backlog Reduction Act. By incorporating processes which update and streamline the PERM application process, this bill ensures a robust, efficient process for U.S. employers. The PERM Backlog Reduction Act modernizes application evaluations, increases resources to update current systems and streamlines the vetting process to assist America’s job creators,” said Misty Chally, Executive Director of the Critical Labor Coalition.

“The Coalition of Franchisee Associations applauds Congressman Grothman for his leadership in introducing the PERM Backlog Reduction Act. As small business owners, franchisees are facing an unprecedented logjam in securing the talent needed to keep their doors open. By addressing Department of Labor processing delays, increasing critical resources, and streamlining the vetting process, this Act provides vital relief to America’s franchisees—allowing them to cut through red tape, fill essential vacancies, and continue growing their businesses,” said Bill Mathis, Chairman of the Board for the Coalition of Franchisee Associations.

Background Information

The Department of Labor’s Program Electronic Review Management (PERM) system is required for most employment-based green card applications. In recent years, processing times for prevailing wage determinations and labor certifications have increased significantly despite stable funding levels and application volumes.

The PERM Backlog Reduction Act establishes an optional premium processing program at DOL to expedite processing of Form ETA-9089 – PERM Labor Certifications for employers seeking permanent labor certifications.

  • Process ETA-9089 within 30 days.
  • Charge a $1,200 premium processing fee for Form ETA-9089, adjusted annually for inflation beginning in FY2028.

The legislation requires the Department of Labor to set premium processing fees at levels necessary to fully fund the program. All fees would be deposited into a dedicated PERM Premium Processing Fee Account within the U.S. Treasury and used exclusively for program operations, modernization, and reducing processing backlogs.