[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10051 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10051
To establish and collect fees for an optional program to expedite the
processing of forms required to obtain a permanent labor certification,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2026
Mr. Grothman (for himself and Mr. Correa) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish and collect fees for an optional program to expedite the
processing of forms required to obtain a permanent labor certification,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``PERM Backlog Reduction Act of
2026''.
SEC. 2. EXPEDITED PERMANENT LABOR CERTIFICATION PROGRAM.
(a) In General.--The Secretary of Labor shall establish and collect
a fee for an optional program to expedite the processing of form ETA-
9089, or any successor form, required to obtain a permanent labor
certification under section 212(a)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A)) for employers seeking to
employ immigrants.
(b) Processing Time.--
(1) In general.--The Secretary shall process form ETA-9089,
or any successor form, not later than 30 calendar days after an
employer submits such form.
(2) Request for information.--If an employer submits a
request for information with respect to any form that has not
been processed within the time period required under paragraph
(1), the Secretary shall process form ETA-9089, or any
successor form, not later than 15 calendar days after receipt
of such request.
(c) Fees.--
(1) Fee amounts.--The fee described in subsection (a) for
form ETA-9089, or any successor form, shall be $1,200.
(2) Adjustment for inflation.--Beginning fiscal year 2028,
and each fiscal year thereafter, the fee amount under paragraph
(1) shall be increased by an amount equal to--
(A) such amount; multiplied by
(B) the percentage increase, if any, in the
Consumer Price Index for All Urban Consumers (CPI-U)
published by the Bureau of Labor Statistics of the
Department of Labor for the 12-month period ending July
31 of the preceding fiscal year.
(3) Rounding.--If any amount, as increased under paragraph
(2), is not a multiple of $10, such amount shall be rounded to
the nearest multiple of $10.
(4) Deposit of fees.--
(A) In general.--There is established in the
general fund of the Treasury a separate account which
shall be known as the ``DOL PERM Premium Processing Fee
Account''.
(B) Deposit.--Any fees collected pursuant to this
section shall be deposited into the DOL PERM Premium
Processing Fee Account to remain available until
expended to the Secretary for the purposes described in
paragraph (5).
(5) Use of fees.--Any fees collected under this section
shall be used--
(A) to administer the program established under
this section;
(B) for any initial and ongoing staffing needed to
implement such program;
(C) for training;
(D) for case adjudication;
(E) for any system upgrades;
(F) to detect any fraud with respect to such
program; and
(G) for any purpose as determined appropriate by
the Secretary.
(d) Standard Processing.--The Secretary shall ensure that
implementation of the program established under this section does not
adversely affect the processing time of forms required to obtain a
permanent labor certification under section 212(a)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) for employers
seeking to employ immigrants (including forms ETA-9141 and ETA-9089, or
any successor forms) submitted outside such program.
(e) Implementation.--The Secretary shall issue such rules,
guidance, and procedures as may be necessary to carry out this section.
(f) Requirement.--The Secretary shall ensure that any fees
collected under this section are sufficient to support--
(1) timely processing of form ETA-9141, or any successor
form; and
(2) the administration of the program established under
this section.
(g) Exemptions.--
(1) Administrative procedure act.--Except for regulations
promulgated pursuant to this Act, section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act''), and section 552a of such title (commonly
known as the ``Privacy Act''), chapter 5 of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act''), and any other law relating to rule making, information
collection, or publication in the Federal Register, shall not
apply to any action to implement this Act to the extent the
Secretary of Homeland Security, the Secretary of State, or the
Attorney General determines that compliance with any such law
would impede the expeditious implementation of this Act.
(2) Paperwork reduction act.--Chapter 35 of title 44,
United States Code, shall not apply to any action to implement
this Act to the extent the Secretary of Homeland Security, the
Secretary of State, or the Attorney General determines that
compliance with such chapter would impede the expeditious
implementation of this Act.
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