New Bill Would Add Premium Processing to PERM Labor Certifications: Processing Time Update 2026

A newly proposed bill in the United States Congress would bring premium processing — a fee-based expedited review system already used by USCIS — to the Department of Labor's PERM labor certification process. Currently, PERM applications can take many months to process, creating significant delays for employment-based green card seekers, including EB-3 workers. Under the proposed legislation, employers sponsoring foreign workers for permanent residency would have the option to pay a premium fee to receive a faster adjudication of their PERM application from the DOL. This mirrors the existing USCIS premium processing system, which allows petitioners to pay $2,805 or more for a 15-business-day processing guarantee on certain petitions like the I-140. For EB-3 applicants, PERM labor certification is a mandatory first step in the green card process. Employers must demonstrate to the DOL that no qualified U.S. worker is available for the position before sponsoring a foreign national. Lengthy PERM backlogs have long been a frustration, sometimes adding a year or more to the overall green card timeline. If passed, this bill could significantly reduce total green card processing timelines for employer-sponsored workers, particularly those in the EB-3 skilled and unskilled worker categories. Immigration attorneys and employer groups have long advocated for such a mechanism to bring more predictability to the labor certification stage. Applicants and employers should monitor this bill's progress through Congress and consult with immigration counsel to understand how premium PERM processing, if enacted, could affect their specific timelines and strategies.