Client Alerts, News Articles & Blog Posts

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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. 

Changes to Physician Assistant Statutes in Florida

In the last year, there have been many changes to the scope of practice and collaboration/supervision requirements for advanced practice providers such as APRNs and physician assistants in the state of Florida. In a previous Client Alert we discussed House Bill 607, which expanded the autonomous practice of APRNs providing primary care services in Florida.

Ohio Senate Bill 49 – Ohio Expands Lien Rights for Design Professionals

Effective September 30, 2021, Ohio granted limited lien rights to design professionals, including architects, landscape architects, engineers, and surveyors. Ohio Governor Mike DeWine signed Senate Bill 49 into law on July 1, 2021. This new law established a statutory right to lien commercial real estate by Ohio design professionals who, until now, could not file a lien for non-payment of professional services. Senator Vernon Sykes, a primary sponsor of Senate Bill 49, stated that the “legislation ensures that architects, engineers and other designers will get paid for their work, regardless of the outcome of their projects . . . It will support hardworking Ohioans by protecting the value of their labor . . ..”

Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.