American Hiring Transparency Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5155 Introduced in Senate (IS)]

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119th CONGRESS 2d Session S. 5155

To require employers seeking a permanent labor certification classification for the hiring of foreign workers to pay a fee of at least $10,000, and for other purposes.

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IN THE SENATE OF THE UNITED STATES

July 28, 2026

Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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A BILL

To require employers seeking a permanent labor certification classification for the hiring of foreign workers to pay a fee of at least $10,000, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Hiring Transparency Act''.

SEC. 2. PERMANENT LABOR CERTIFICATION FEE.

Section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) is amended-- (1) by striking the section header and inserting ``visa fees''; (2) by striking ``The fees for'' and inserting the following: ``(a) Nonimmigrant Visa Fees.-- ``(1) In general.--The fees for''; (3) by striking the semicolon after ``residents'' and inserting a period; (4) by striking ``Provided, That nonresident visas'' and inserting the following: ``(2) Fee waivers.--Nonresident visas''; and (5) by adding at the end the following: ``(b) Permanent Labor Certification Fee.-- ``(1) In general.--In addition to any other fee authorized by law, the Secretary of Labor shall require the payment of a fee, in an amount equal to the amount specified paragraphs (2) and (3), from any employer who files an Application for Permanent Employment Certification (Form ETA 9089) or any successor form, or any substantially similar application designated by the Secretary that requires recruitment to determine the availability of able, willing, qualified, and available United States workers, at the time such application is filed. ``(2) Initial amount.--During fiscal year 2027, the amount specified in this paragraph shall be the greater of-- ``(A) $10,000; or ``(B) such amount as the Secretary may establish, by rule. ``(3) Annual adjustments for inflation.--During fiscal year 2028, and during each subsequent fiscal year, the amount specified in this paragraph shall be equal to the sum of-- ``(A) the amount of the fee required under this subsection for the most recently concluded fiscal year; and ``(B) the product resulting from the multiplication of the amount referred to in subparagraph (A) by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of July preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the preceding calendar year, rounded to the next lowest multiple of $10. ``(4) PERM fee account.-- ``(A) Establishment.--There is established in the general fund of the Treasury a separate account, which shall be known as the `PERM Fee Account' (referred to in this paragraph as the `Account'). ``(B) Deposits.--Of the fees received under this subsection in a given fiscal year from employers filing applications for permanent employment certification-- ``(i) 50 percent shall be deposited into the Account; and ``(ii) 50 percent shall be deposited into the general fund of the Treasury. ``(C) Use of account funds.--Of the fees deposited into the Account in a given fiscal year-- ``(i) 50 percent shall be made available to the Secretary of Labor to expend without further appropriation; and ``(ii) 50 percent shall be made available to the Director of the Office of Personnel Management to expend without further appropriation to upgrade and maintain the capabilities of the USAJOBS website or any successor platform to host job advertisements and process job applications in order to facilitate labor market testing. ``(5) No fee waiver.--Fees required to be paid under this subsection may not be waived or reduced.''. <all>