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I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

12 May 2026
Posted at 07:17h in Employment Based, FAQs, For Employers, For Individuals, Resident, Worker by

Answer

There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or currently holds H1B status. (12.May.2026)

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