HR-10051-119
Referred to the House Committee on the Judiciary.
Sponsored by Glenn Grothman (R-WI)
What it does
This bill would create an optional premium processing program at the Department of Labor (DOL) for employers seeking permanent labor certifications (via form ETA-9089), which are required before sponsoring a foreign worker for a green card. Employers who pay a $1,200 fee would receive a decision within 30 calendar days, or 15 days after submitting a follow-up information request. Fees would be deposited into a dedicated Treasury account and used exclusively to fund program administration, staffing, training, fraud detection, and system upgrades. The bill also requires that the premium program not slow down standard (non-fee) processing, and it exempts certain implementation actions from the Administrative Procedure Act and Paperwork Reduction Act when those laws would impede expeditious rollout.
Who benefits
Employers — particularly large corporations, tech companies, and healthcare systems — that frequently sponsor foreign workers and would gain faster, more predictable processing timelines. Foreign workers waiting for green card sponsorship, especially those from high-backlog countries like India and China, who could move through the pipeline more quickly. Immigration attorneys and consultants whose clients use the premium option. DOL, which would receive dedicated funding for staffing and technology upgrades. Indirectly, U.S. businesses that compete for skilled workers globally and argue processing delays cost them talent.
Who is hurt
Smaller employers and nonprofits that cannot easily absorb the $1,200 fee and may be disadvantaged relative to larger, better-resourced competitors. Foreign workers whose employers decline to pay the fee, who may face continued long waits in the standard queue. Workers in countries with shorter backlogs who gain less relative benefit. Domestic workers competing for the same jobs, if faster certification accelerates the hiring of foreign labor. Advocacy groups concerned that APA and Paperwork Reduction Act exemptions reduce transparency and public comment opportunities during implementation.
Supporters argue
Supporters argue that the PERM backlog — which can stretch 12–18 months or longer — creates serious economic harm by leaving employers unable to retain or hire qualified workers and leaving sponsored employees in prolonged legal limbo. They contend the bill is modeled on USCIS's existing and widely used premium processing program, which has successfully reduced processing times without degrading standard-track service. Because the program is fee-funded and optional, supporters argue it costs taxpayers nothing while generating resources to improve the entire system, including the standard queue.
Opponents argue
Opponents argue that creating a pay-to-play fast lane institutionalizes a two-tiered system that favors large, well-funded employers over small businesses and workers whose employers cannot afford the fee. They contend that the broad APA and Paperwork Reduction Act exemptions — which allow three cabinet-level officials to bypass notice-and-comment rulemaking — reduce accountability and public oversight during a critical implementation phase. Critics also argue the bill does not address the structural causes of PERM backlogs, such as per-country green card caps, and may simply shift delays rather than resolve them.
Constitutional context
Congress has broad authority over immigration and naturalization under the Naturalization Clause (Art. I, §8, cl. 4) and the Necessary and Proper Clause. The bill's exemptions from the APA raise administrative law questions: post-Loper Bright (2024), courts now independently review agency statutory interpretations, meaning any DOL rules implementing this program would face heightened judicial scrutiny without the benefit of Chevron deference.
Checks and balances
The executive branch (DOL, DHS, and State Department) gains implementation authority and discretion to bypass standard rulemaking procedures; congressional oversight, judicial review of final rules, and the bill's explicit requirement that standard processing not be degraded serve as the primary checks on that authority.
Historical precedent
USCIS has operated a premium processing program for certain employment-based visa petitions (Form I-129 and I-140) since 2001, charging fees for expedited adjudication — a directly analogous model this bill would extend to the DOL's PERM certification stage.