EB3.Work flags 336-day PERM waits, backs proposed premium processing bill

EB3.Work said U.S. employers should plan around a 336-day average PERM Analyst Review timeline reported by the Labor Department for August 2026. The company also highlighted a pending bill that could create an optional 30-day processing track for Form ETA-9089 if Congress approves it.

Why it matters: - PERM labor certification is a required step in many EB-2 and EB-3 employer-sponsored green card cases, so long waits can slow hiring and immigration timelines. - EB3.Work said employers need to plan around current Labor Department processing data now, not a proposal that is still moving through Congress. - A faster optional track could reduce delays for employers seeking to sponsor workers for permanent roles, if enacted.

What happened: - EB3.Work issued an updated briefing on PERM labor certification processing for U.S. employers. - The briefing followed the Labor Department’s latest report showing a 336-calendar-day average for PERM Analyst Review determinations completed in August 2026. - EB3.Work also summarized H.R. 10051, the PERM Backlog Reduction Act of 2026, as a pending proposal that would create optional 30-day processing for Form ETA-9089. - CEO John E. Dorer said employers need accurate information about the process in place today and proposals that could change it later. - Dorer said the latest Labor Department data gives employers a current reference point while the bill remains under congressional consideration. - The company made the briefing available for general educational purposes and said it is not a substitute for legal advice.

The details: - The Labor Department updated its processing data on Aug. 28, 2026. - The department was reviewing PERM Analyst Review cases filed in November 2025. - The 336-day figure reflects historical averages for determinations completed in August, not guaranteed timelines for individual cases. - The official Labor Department processing data is available at official DOL processing data. - Representatives Glenn Grothman of Wisconsin and Lou Correa of California introduced H.R. 10051 on Aug. 6, 2026. - The bill was referred to the House Judiciary Committee and has not been enacted. - The proposal would let employers pay a $1,200 fee for expedited processing of Form ETA-9089. - The bill would require the Labor Department to process participating applications within 30 calendar days. - The fee would be adjusted for inflation beginning in fiscal year 2028. - Collected fees would go into a dedicated DOL PERM Premium Processing Fee Account in the U.S. Treasury. - The bill would allow those funds to support program administration, staffing, training, case adjudication, system upgrades and fraud detection. - The proposal directs the Labor Department to prevent the optional program from hurting standard processing of Forms ETA-9089 and ETA-9141. - The bill also requires collected fees to be enough to support timely prevailing wage determinations and administration of the expedited program. - EB3.Work was listed as an endorsing organization in the congressional announcement, along with the Critical Labor Coalition and the Coalition of Franchisee Associations. - The official bill text is available at official bill text.

Between the lines: - The briefing draws a clear line between current processing delays and a possible policy fix that is still uncertain. - EB3.Work is positioning the debate around employer planning, not around guaranteed changes to immigration law. - The proposal would speed up one stage of the process, but it would not eliminate the broader recruitment and sponsorship requirements that employers still must meet. - The bill’s structure suggests Congress is trying to fund faster processing without weakening existing labor certification standards.

What's next: - Employers must keep following existing prevailing wage, recruitment and PERM filing rules unless H.R. 10051 becomes law and the Labor Department issues implementation procedures. - Employers considering sponsorship should continue monitoring official Labor Department processing updates and keep complete filing documentation. - Applicants should remember that an approved labor certification is not a green card and is followed by additional steps such as Form I-140, visa availability and either adjustment of status or consular processing. - More information about current PERM processing and the pending proposal is available at EB3.Work’s briefing.

The bottom line: - PERM remains a slow, mandatory step for many employment-based green card cases, and the only 30-day option is still just a proposal.