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Immigration

US Lawmakers Propose $1,200 Fast-Track for Green Card Labour Certification

US Lawmakers Propose $1,200 Fast-Track for Green Card Labour Certification
US Lawmakers Propose $1,200 Fast-Track for Green Card Labour Certification

US lawmakers have introduced a bipartisan bill that would allow employers to pay $1,200 for expedited processing of permanent labour certification applications, with a proposed 30-day turnaround.

Representatives Glenn Grothman and Lou Correa have introduced the PERM Backlog Reduction Act, which would create an optional premium processing service for employers using the Department of Labour’s Programme Electronic Review Management (PERM) system.

PERM is a key step for companies sponsoring foreign workers for permanent residency. Before an immigrant petition can be submitted to US Citizenship and Immigration Services, an employer must obtain a certified labour application from the Department of Labour’s Employment and Training Administration.

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The process has become increasingly slow. As of early August, the Department was still reviewing applications submitted nearly a year earlier, with average processing times reaching 372 days. The delays can affect employers that depend on skilled foreign workers and may slow recruitment and business expansion.

Under the proposed legislation, employers could pay $1,200 for expedited processing of Form ETA-9089, the application for permanent employment certification. The fee would be adjusted annually for inflation from 2028, while employers using the service would receive a guaranteed 30-day turnaround.

The bill would also direct revenue from the expedited service towards wider modernisation of the PERM system. This would include processing prevailing wage determinations under Form ETA-9141. The proposed funding structure is intended to support the improvements without relying on taxpayer funding.

The legislation has bipartisan sponsorship and backing from industry groups. However, it remains a proposal and would need to pass through congressional committees before reaching the House and Senate floors.

PERM certification is an important part of many employment-based green card applications, particularly those under the EB-2 and EB-3 categories. The date on which an employer files a labour certification becomes the applicant’s priority date, which determines their position in the immigration queue.

Delays in obtaining certification can therefore affect both employers and foreign workers. They can extend the time applicants must wait before progressing through the remaining stages of the green card process. Some applications, including those based on a national interest waiver, do not require PERM certification, but most employment-based cases remain subject to the process.

The proposed PERM Backlog Reduction Act will now face congressional scrutiny. If enacted, the premium processing option would provide employers with a faster route through the labour certification stage while directing additional funding towards modernising the wider PERM system.

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US Lawmakers Propose $1,200 Fast-Track for Green Card Labour Certification | Mwakilishi.com