Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

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

Client Alert

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. 


I Went to Bed and the Rules Changed: the Corporate Transparency Act is Back on Hold

The United States Court of Appeals for the Fifth Circuit ordered on December 26, 2024 that in an effort to “preserve the constitutional status quo” while it considered the Federal Government’s appeal, it vacated the prior order for a stay of the nationwide injunction pending appeal entered on December 23, 2024, and reinstated the preliminary injunction enjoining enforcement of the CTA and its corresponding Reporting Rule.

Telemedicine Flexibilities Extended to March 31, 2025

The American Relief Act of 2025 extends key telehealth flexibilities through March 31, 2025, originally enacted during the COVID-19 Public Health Emergency (PHE). These flexibilities remove geographic and originating site restrictions for Medicare patients, expand the list of qualified practitioners, and allow for audio-only services and telehealth mental health care without in-person requirements. Although this extension is temporary, it provides continued access to essential healthcare services. Congress will need to pass permanent legislation to solidify these changes beyond March 2025.

Corporate Transparency Act Is Back in Effect: Are You Ready?

On December 23, 2024, the Fifth Circuit Court of Appeals reinstated the filing requirements under the Corporate Transparency Act (CTA), overturning a prior injunction. Businesses now have updated deadlines to file initial beneficial ownership information reports with the Financial Crimes Enforcement Network (FinCEN), based on their registration date. Affected companies must comply with these new deadlines, which vary depending on when the company was created or registered.

Checklist of Legal Considerations for a Med Spa

Checklist of key legal considerations for a med spa providing a broad overview of certain state and federal legal requirements.

Understanding Ohio House Bill 660: A Game-Changer for Student-Athletes

Ohio House Bill 660 is set to reshape Name, Image, and Likeness (NIL) agreements for student-athletes by allowing direct compensation from universities and providing greater financial opportunities while preserving amateur status. The bill simplifies the regulatory framework, introduces safeguards, and creates challenges and ethical considerations for stakeholders.