S. 5155

119 S5155 IS: American Hiring Transparency Act
 U.S. Senate
 2026-07-28
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 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5155  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    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.
1.
Short title
This Act may be cited as the   American Hiring Transparency Act  .
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.
 .