EB3.Work Issues 2026 PERM Processing Update for U.S. Employers

The update explains DOL’s 336-day August average and summarizes a pending proposal for optional 30-day Form ETA-9089 processing.

NY, UNITED STATES, September 2, 2026 /EINPresswire.com/ -- EB3.Work, a New York-based platform that helps U.S. employers fill entry-level job openings with international talent through the EB-3 visa process, today issued an updated briefing on PERM labor certification processing. The update follows the U.S. Department of Labor’s latest report showing an average of 336 calendar days for PERM Analyst Review determinations completed in August 2026.

The briefing explains the PERM process currently available to employers and summarizes H.R. 10051, a pending proposal that would establish an optional 30-day processing track for Form ETA-9089 if enacted.

“Employers need accurate information about the process that exists today and a clear understanding of proposals that could change it in the future,” said John E. Dorer, CEO of EB3.Work. “The latest DOL data gives employers a current reference point while the bill remains under congressional consideration.”



Current PERM Processing Times

PERM labor certification is a Department of Labor process used in many employer-sponsored EB-2 and EB-3 green card cases. Employers generally complete this stage before filing Form I-140 with U.S. Citizenship and Immigration Services.

According to DOL data updated August 28, 2026, the agency was reviewing PERM Analyst Review cases filed in November 2025. DOL reported an average processing time of 336 calendar days for Analyst Review determinations completed in August.

Actual processing times may vary according to the facts and circumstances of each application. The DOL figures are historical averages rather than guaranteed timelines for individual cases.

Official DOL processing data is available at:
https://flag.dol.gov/processingtimes



What H.R. 10051 Would Change If Enacted

Representatives Glenn Grothman of Wisconsin and Lou Correa of California introduced the PERM Backlog Reduction Act of 2026, H.R. 10051, on August 6, 2026. The bill was referred to the House Judiciary Committee and has not been enacted.

Under the proposal, employers could choose to pay a $1,200 fee for expedited processing of Form ETA-9089. The bill would require DOL to process participating applications within 30 calendar days. The fee would be adjusted for inflation beginning in fiscal year 2028.

Collected fees would be deposited into a dedicated DOL PERM Premium Processing Fee Account in the U.S. Treasury. The bill permits the funds to be used for program administration, staffing, training, case adjudication, system upgrades and fraud detection.

The proposal also directs DOL to prevent the optional program from adversely affecting standard processing of Forms ETA-9089 and ETA-9141. It requires collected fees to be sufficient to support timely prevailing wage determinations and administration of the expedited program.

The congressional announcement identifying organizations associated with the proposal lists EB3.Work as an endorsing organization, together with the Critical Labor Coalition and the Coalition of Franchisee Associations.

Official bill text is available at:
https://www.govinfo.gov/app/details/BILLS-119hr10051ih



PERM Premium Processing Is Not Currently Available

H.R. 10051 remains proposed legislation. Employers cannot currently request 30-day PERM processing or submit the proposed $1,200 fee.
Unless the bill becomes law and DOL issues implementation procedures, employers must continue following the existing prevailing wage, recruitment and PERM filing requirements.

The proposal addresses the processing time for one stage of the employment-based immigration process. It would not remove recruitment requirements, change permanent labor certification standards, guarantee approval of Form ETA-9089 or Form I-140, increase annual employment-based visa limits, or change Visa Bulletin priority dates.

“Our role is to help employers and applicants understand what each stage of the process does and does not do,” Dorer said. “A shorter PERM review period, if enacted, would address one part of the timeline. Employers must continue planning according to the procedures and processing times currently in effect.”



Guidance for Employers and Applicants

Employers considering permanent sponsorship should continue monitoring official DOL processing information and maintain complete documentation for prevailing wage, recruitment and PERM filings.

Applicants should understand that an approved labor certification is not a green card. PERM is followed by additional immigration stages, which may include Form I-140, waiting for visa availability, and either adjustment of status or consular processing, depending on the case.

The EB3.Work briefing is provided for general educational purposes and is not a substitute for legal advice. Employers and applicants should consult qualified immigration counsel regarding individual circumstances.

Additional information about current PERM processing and the pending proposal is available at:
https://eb3.work/premium-processing-for-perm/



About EB3.Work

EB3.Work helps U.S. employers that are unable to fill all of their entry-level job openings locally connect with international talent through the EB-3 employment-based immigration process. The platform provides employment opportunities, educational resources and process guidance for employers and applicants across the United States.

Website: https://eb3.work/



Media Contact

John E. Dorer, CEO
EB3.Work
1850 Amsterdam Ave.
New York, NY 10031
Phone: 866.337.1403
Email: johnd@eb3.work

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