The EB-3 visa process can take years, and one of the biggest sources of delay is the PERM labor certification process. With PERM processing times reaching well over a year, employers and foreign workers have been looking for ways to reduce the backlog and move cases forward more quickly.
A new proposal, known as the PERM Backlog Reduction Act, aims to address this problem by creating a premium processing for PERM, similar to the premium processing already available for certain USCIS applications.
Why the EB-3 Process Takes 48+ Months
The overall EB-3 immigration process can currently take 48 months or more, depending on the case and visa availability. There are several stages involved, and delays at different points can significantly extend the timeline.
Two major issues are being targeted to help speed up the process:
- The visa bulletin and its lengthy priority-date backlog.
- The lengthy processing time for PERM labor certifications.
The Dignity Act is being supported as one potential solution to the visa bulletin problem. The goal is to bring visa bulletin priority dates closer to a maximum of two years behind the current date.
The PERM Backlog Reduction Act addresses the second major problem: the time it takes the Department of Labor to process PERM cases.
Current PERM Processing Times
PERM processing has become a significant bottleneck in the EB-3 process. Processing times have reportedly reached as high as 17 months, while current processing for many cases is around 11 to 13 months.
For employers and foreign workers, waiting nearly a year or longer just for the PERM stage can add substantial time to an already lengthy immigration process.
This is why premium processing for PERM could make a meaningful difference. Instead of requiring every employer to wait in the same standard processing queue, the proposed legislation would create an additional expedited option.
What Is the PERM Backlog Reduction Act?
The PERM Backlog Reduction Act is legislation designed to establish a premium processing option for PERM labor certifications.
The proposal would allow an employer to pay an additional government fee in exchange for faster processing of a PERM application.
This would work similarly to the premium processing system already available for certain immigration filings, including the I-140.
Importantly, the proposal does not simply eliminate the existing PERM queue. Instead, it would create a separate premium processing line for employers willing to pay the additional fee.
How Premium Processing for PERM Would Work
Under the current system, PERM applications essentially enter the same processing queue. When that queue becomes heavily backlogged, everyone has to wait.
The proposed premium processing for PERM system would create a second line.
Employers could choose to pay an additional fee to have their PERM case processed through this expedited option. Meanwhile, cases that remain in standard processing would continue through the regular queue.
The idea is that moving some cases into a separate premium queue could also reduce pressure on the standard queue.
In other words, premium processing for PERM could potentially provide two benefits:
- Employers paying for expedited processing could receive a faster decision.
- The regular PERM queue could potentially move faster as some cases are handled through the premium channel.
Faster Prevailing Wage Determinations
The proposal also seeks to improve the processing of prevailing wage requests, including ETA Form 9141.
The prevailing wage determination is an important part of the employment-based immigration process. Before an employer can proceed with the PERM labor certification, the appropriate wage level generally needs to be determined.
Reducing delays at this stage could therefore help shorten the overall timeline for an EB-3 case.
The broader goal is not simply to introduce premium processing for PERM, but to improve processing efficiency throughout the Department of Labor’s employment-based immigration system.
Who Introduced the Bill?
The PERM Backlog Reduction Act was introduced by Congressman Glenn Grothman of Wisconsin.
The introduction of the bill represents an important step because the proposal now exists as formal legislation rather than simply being an idea or policy recommendation.
Supporters are advocating for additional members of Congress to become co-sponsors and for the bill to eventually be incorporated into larger legislation that Congress can consider.
Is Premium Processing for PERM Available Right Now?
No. This is an important distinction.
Premium processing for PERM is not currently an available service simply because the PERM Backlog Reduction Act has been introduced. The proposal is still a bill and would need to go through the legislative process before it could become law.
For the proposed system to take effect, Congress would need to pass the legislation and the President would need to sign it into law.
Until that happens, employers cannot simply pay an additional fee to receive expedited PERM processing under this proposal.
What Happens Next?
The next step is building congressional support for the legislation.
The bill will need additional co-sponsors in Congress, and supporters will be looking for an appropriate larger piece of legislation to which the PERM Backlog Reduction Act could potentially be attached.
If the legislation moves forward successfully, it could eventually establish premium processing for PERM as an official option.
Supporters are hopeful that the proposal could become law in 2027, although the actual timeline depends on the legislative process and should not be considered guaranteed.
How This Could Affect the EB-3 Timeline
The PERM stage is only one part of the EB-3 process, so premium processing would not eliminate every delay.
For example, even if premium processing for PERM significantly reduced the time required for labor certification, applicants could still face delays related to visa availability and the visa bulletin.
This is why supporters are also advocating for changes to the visa bulletin through proposals such as the Dignity Act.
The overall objective is to address the major bottlenecks separately:
- PERM backlog: Addressed by the PERM Backlog Reduction Act.
- Visa bulletin and priority dates: Addressed through proposed legislative changes such as the Dignity Act.
- I-140 processing: Already has a premium processing option in many circumstances.
Why Premium Processing for PERM Matters
The PERM process can be one of the slowest parts of an employment-based immigration case. A processing time of 11 to 13 months—or longer—can significantly delay the next stages of an EB-3 application.
Creating premium processing for PERM would give employers another option: pay an additional fee to have their cases handled more quickly.
At the same time, moving premium cases into a separate queue could potentially help reduce pressure on the standard PERM processing line.
The PERM Backlog Reduction Act therefore represents an attempt to address one of the major sources of delay in the EB-3 immigration system.
Final Thoughts
The PERM Backlog Reduction Act is currently a legislative proposal, not an existing premium processing service. If it becomes law, it could create premium processing for PERM, giving employers the option to pay an additional fee for faster labor certification processing.
For EB-3 applicants, this could potentially save significant time during one of the most frustrating stages of the immigration process.
However, the legislation still needs congressional support and must pass through the legislative process before premium processing for PERM becomes available.
For now, the key development is that the bill has been introduced, and its supporters are continuing to push for additional co-sponsors and eventual passage.
How to Support the PERM Backlog Reduction Act
If you want to support the proposed PERM Backlog Reduction Act, there are several ways to stay involved as the legislation moves through Congress.
1. Follow the Bill’s Progress
Keep track of the bill’s status in Congress to see whether additional co-sponsors join and whether it advances through the legislative process.
2. Contact Your Representatives
You can contact your U.S. representative and senators to ask them to support the PERM Backlog Reduction Act. Congressional support and additional co-sponsors can help demonstrate that there is demand for faster PERM processing.
3. Stay Updated on the Legislation
Because premium processing for PERM is not currently available, it is important to follow official updates rather than assuming that the proposed service is already in effect.
4. Watch for Future Implementation
If the bill becomes law, additional information would be needed about the premium processing fee, eligibility requirements, processing timeframe, and how employers would submit premium PERM requests.
Until those details are established, employers should continue using the existing PERM process.
Premium Processing for PERM FAQ
What is the PERM Backlog Reduction Act?
The PERM Backlog Reduction Act is proposed legislation that would create a premium processing option for PERM labor certifications. It would allow employers to pay an additional fee for faster processing.
Is Premium Processing for PERM available now?
No. Premium processing for PERM is not currently available. The PERM Backlog Reduction Act is a proposed bill and would need to become law before the proposed premium processing system could be implemented.
How would Premium Processing for PERM work?
Under the proposal, employers would have the option to pay an additional fee for expedited PERM processing. This would create a separate processing line from the standard PERM queue.
Would Premium Processing for PERM make regular PERM cases faster?
Potentially. By moving some cases into a separate premium processing line, the proposal could reduce pressure on the regular queue and potentially help standard cases move faster as well.
However, the actual effect would depend on how the system is implemented.
How long does PERM processing currently take?
PERM processing has taken as long as approximately 17 months. Current processing times for many cases are around 11 to 13 months, although processing times can change.
Does Premium Processing for PERM speed up the entire EB-3 process?
No. Premium processing for PERM would only address the PERM portion of the immigration process.
EB-3 applicants may still face delays related to other stages, including visa availability and the visa bulletin.
Is the I-140 already eligible for premium processing?
Yes. Premium processing is already available for certain USCIS forms and classifications, including eligible I-140 petitions. The proposed PERM premium processing system would address the separate PERM stage handled by the Department of Labor.
Who introduced the PERM Backlog Reduction Act?
The bill was introduced by Congressman Glenn Grothman of Wisconsin.
When could Premium Processing for PERM become available?
There is currently no guaranteed implementation date. The bill would need to pass Congress and be signed into law before the proposed system could take effect.
Supporters have expressed hope that the legislation could become law in 2027, but this timeline is not guaranteed.
What is ETA Form 9141?
ETA Form 9141 is used to request a prevailing wage determination from the Department of Labor. The proposed legislation also seeks to address delays associated with prevailing wage determinations.
Why is Premium Processing for PERM important for EB-3 applicants?
PERM can be one of the longest stages of the EB-3 process. Premium processing for PERM could give employers an option to pay for faster processing, potentially reducing the amount of time before the case can move on to subsequent stages.
Where can I find updates about the PERM Backlog Reduction Act?
The best approach is to follow official congressional information about the bill and updates from organizations advocating for the legislation. Because the proposal is still subject to the legislative process, its status and details may change.
Also Read: EB-3 Visa Bulletin – August 2026
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