EB-3 PERM Reform 2026: New Senate Bill Proposes $10,000 Employer Fee for Labor Certification

A new Senate bill, S. 5155, introduced in the 119th Congress, proposes a significant financial barrier to the employment-based immigration process by mandating that employers pay a fee of at least $10,000 when seeking a permanent labor certification (PERM) classification for foreign workers. PERM is the foundational first step for most EB-3 employment-based green card cases, making this legislation directly relevant to skilled workers, professionals, and unskilled workers currently in or considering the EB-3 pipeline. Currently, the Department of Labor (DOL) does not charge employers a filing fee for PERM labor certification applications. If enacted, this bill would represent a major structural change to the EB-3 sponsorship process, potentially discouraging smaller employers from sponsoring foreign workers and shifting the financial calculus for companies that rely on international talent. For EB-3 applicants, the practical implication is significant: a higher cost burden on employers could reduce the number of companies willing to initiate the PERM process, shrinking the pool of available sponsorships. Workers in negotiations with prospective sponsors should be aware of this pending legislation and its potential impact on sponsorship offers. The bill has been referred to committee and has not yet passed. Applicants and sponsors should monitor this legislation closely, as any changes to PERM fee structures would require DOL regulatory updates before taking effect. Consulting with an immigration attorney is advisable for those currently in the EB-3 process.