S 5155: American Hiring Transparency Act

S 5155 in plain English: This bill would require employers seeking government certification to hire foreign workers to pay a fee of at least $10,000. The fee amount could be set higher by the Secretary of Labor through rulemaking. Collected fees would be deposited into a newly established PERM fee account.

Stated purpose

The bill aims to require employers who apply to permanently hire foreign workers through the federal labor certification process to pay a fee of at least $10,000, with half of the collected fees going toward improving the federal USAJOBS job posting website.

Key points

• Requires employers hiring foreign workers through the PERM certification process to pay a fee of at least $10,000
• Allows the Secretary of Labor to set the fee higher than $10,000 by rule
• Establishes a new PERM fee account to hold collected funds

Arguments supporters make

• Raising the cost of hiring foreign workers through permanent labor certification encourages employers to make a stronger effort to find and hire available American workers first.
• The fee funds direct improvements to USAJOBS, making it easier for American job seekers to find opportunities and helping employers document genuine recruitment efforts.
• Adjusting the fee annually for inflation ensures it does not lose its deterrent effect over time and keeps the program self-sustaining.

Arguments opponents make

• A $10,000-per-application fee could be a significant burden for small businesses or nonprofits that have legitimate difficulty filling specialized roles domestically, effectively limiting their access to needed talent.
• Critics argue the fee does not address the underlying reasons employers cannot find qualified U.S. workers for certain positions, and simply adds cost without improving the domestic labor supply.
• The no-waiver rule removes any flexibility for hardship cases or sectors with documented labor shortages, potentially harming industries that rely on permanent foreign hires to remain competitive.

Tradeoffs

The bill places a higher financial cost on employers who use the permanent foreign worker certification process, which may push more hiring toward U.S. workers but could also raise costs for businesses and reduce their ability to fill specialized roles; revenue is split between general government funds and targeted improvements to U.S. worker job-search infrastructure.

Current status in Congress: In committee.

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