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Employers: Consider Important Deadlines for New H-1B Cap-Subject Foreign Worker Petitions

First-time new H-1B petitions or change of status petitions by employers can be filed for the upcoming U.S. Citizenship and Immigration Services (“USCIS”) fiscal year in April 2020 as long as the individual for whom the petition is being filed is in lawful status at the time of filing, and has not engaged in any unauthorized employment since his or her last lawful admission. 

However, there are new rules or amendments that have been implemented this year.  The new H-1B visa rule (the “H-1B Rule”) amends the Department of Homeland Security’s regulations governing petitions filed on behalf of H-1B beneficiaries. Specifically included are beneficiaries who can be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (the “H-1B Regular Cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (the “Advanced Degree Exemption”).  See 83 FR 62406.

The H-1B Rule requires employers seeking to file H-1B petitions subject to the H-1B Regular Cap or those eligible for the Advanced Degree Exemption, to first electronically register with USCIS.  Thus, USCIS changed both the H-1B visa filing process and the H-1B registrations for fiscal year 2021 (October 1, 2020 to September 30, 2021) by first selecting registrations submitted on behalf of all beneficiaries, including those eligible for the Advanced Degree Exemption.  USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the Advanced Degree Exemption.  Changing the order in which USCIS counts these separate allocations will likely increase the number of beneficiaries with a master’s or higher degree from a U.S. college or university to be selected for further processing under the H-1B allocations.  This is specifically beneficial for U.S. based companies who need to hire foreign students. Those who have studied in the U.S. and graduated with at least a master’s degree have a greater chance of obtaining the H-1B visa under the Advanced Degree Exemption.

The New H-1B Cap-Subject Petitions include the following important deadlines:

  • February 24, 2020: U.S. employers or their attorneys may begin creating H-1B registrant accounts
  • March 1, 2020 to March 20, 2020: H-1B cap-subject employers’ registration period
  • March 31, 2020: USCIS to notify selected registrants who hit the H-1B lottery
  • April 1, 2020: The earliest date that fiscal year 2021 H-1B cap petitions may be filed

Planning early is always better for the H-1B visa process as there have been significant changes for fiscal year 2021.  To avoid last minute issues or discuss in detail, please contact Attorney Duriya Dhinojwala at dd@bmdllc.com or call 330-253-5790. 

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”