US Green Card Wait Times: New bill targets PERM backlog with 30-day premium processing

PERM is used by employers to obtain permanent labor certifications required for certain permanent employment-based immigration petitions. A permanent labor certification from the Department of Labor (DOL) permits an employer to permanently hire a foreign worker in the U.S.

But there’s a step before that. Typically, prior to submitting an immigration petition to USCIS, the employer must first acquire a certified labor certification application from the DOL’s Employment and Training Administration (ETA).

Currently, the PERM processing wait time is much longer. “As of August 7, 2026, the DOL is processing PERM applications filed in September 2025, with an average processing time of approximately 372 days, or a little over one year,” says Jessica Palarca, attorney, Reddy Neumann Brown.

Understanding these processing times is critical for companies and foreign workers considering employment-based immigration sponsorship, especially as PERM is essential for the employment-based green card procedure.

What the Bill Proposes

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.

And the fee doesn’t just speed up one form. 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.

So what does “premium processing” actually look like on paper? The PERM Backlog Reduction Act proposes 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.

What Happens Next

For now, it’s a bill, not a law. Like any legislation, the PERM Backlog Reduction Act will need to move through committee and secure votes before it can take effect, and there is no confirmed timeline yet for when, or if, that will happen.

Still, the timing sends its own message. But for employers who’ve been stuck waiting on green card paperwork, it’s a sign that Washington is paying attention. With bipartisan sponsorship from a Republican and a Democrat, and backing from multiple industry coalitions, the bill signals a rare point of agreement on easing at least one corner of the employment-based immigration process.

Who Actually Benefits From This

Not every employer gets a free pass. Employers must first demonstrate that they were unable to locate a suitable and available American worker to fill the post before they may permanently recruit a foreign worker under the PERM process.

Companies that have already complied with those standards shouldn’t have to endure needless bureaucratic hold-ups that hinder their ability to prepare for their staff, fill important roles, and expand our economy.

The PERM Backlog Reduction Act gives the Department of Labor the tools it needs to lower backlogs and update the system, while also offering employers an optional, self-funded means of receiving prompt decisions.

And it’s not just about speed for its own sake. According to the senators, the bill gives the Department of Labor the resources to modernize the PERM process, reduce delays, and make sure the system works for employers, workers, and America’s economy.

Why PERM Matters for Your Green Card Timeline

This is the part most applicants don’t realize until they’re stuck in it. PERM (Program Electronic Review Management) certification is typically the first step for most employment-based U.S. green cards like EB-2 and EB-3 Employment-Based Visas.

For the second and third preference categories for Employment-Based Visas, before the U.S. employer can file an immigrant petition with USCIS, the employer must generally obtain a labor certification from the U.S. Department of Labor (DOL).

In these cases, the immigrant petition must include a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval.

In addition, for the second preference category, an immigrant petition may request a waiver of the job offer, and thus the labor certification requirement, because it is in the national interest of the United States. National interest waiver petitions must be accompanied by a completed Form ETA-9089, Appendix A and a signed Form ETA-9089.

And one date matters more than most applicants think. The date the labor certification application for Permanent Employment Certification, Form ETA 9089, is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the priority date.

After the labor certification application is certified by DOL, it should be submitted to the appropriate USCIS Service Center with a Form I-140, Immigrant Petition for Alien Worker. The certification has a validity period of 180 days and expires if not submitted to USCIS within this period.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. Financial Express is not responsible for any decisions made based on this information.