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

Client Alert
February 13, 2020

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. 

Duriya DhinojwalaImmigration LawH1B Visa
Press Release, Client Alert

BMD Named to the 2024 U.S. News – Best Lawyers® “Best Law Firms”

November 2, 2023Brennan Manna & Diamond (BMD) is recognized among the leading law firms in the nation according to the 2024 Edition of U.S. News – Best Lawyers®  "Best Law Firms." The firm has ranked in in 13 practice areas and has earned “National Tier 1” rankings in Health Care Law and Litigation-Trusts & Estates.Client Alert

Friendly Physician Models: The Basics Through 5 Frequently Asked Questions

October 27, 2023During the past several years, many health law practices have noticed a dramatic increase in the number of telehealth businesses and private equity backed health care providers. Both of these trends often rely heavily on corporate structures commonly referred to as “friendly physician,” “captive PC” or “MSO” models. Although friendly physician models are used by non-physician health care providers (e.g., physical therapists, psychologists, and dentists), this article focuses on physicians and how the model is used in connection with the provision of professional medical services.Client Alert

The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement

October 23, 2023On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.Client Alert

Proposed Laboratory Arrangement Draws Heightened Scrutiny from the OIG

October 18, 2023On September 25, 2023, the Office of Inspector General for the U.S. Department of Health and Human Services (OIG) issued Advisory Opinion 23-06 (AO). The Opinion involved a proposed arrangement between an independent laboratory and other physician laboratories for the purchase of the technical component of anatomic pathology services. The OIG ultimately concluded that the arrangement at issue, if it was entered into with the requisite intent, would implicate the Federal Anti-Kickback Statute (AKS) and constitute grounds for sanctions.Client Alert

SMALL BUSINESS ALERT: January 1, 2024 - Beneficial Ownership Information Reporting

October 13, 2023Beginning on January 1, 2024, many small businesses across the United States will have to report personal information about their owners, beneficial owners, and others who own or exercise control over the company. The information will have to be reported to, and maintained by, the Financial Crimes Enforcement Network (“FinCEN”) as part of the Beneficial Ownership Information Rule. FinCEN is a bureau of the U.S. Department of the Treasury.
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