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Your Golden Chance for H-1B Lottery Registration - March 2026

Client Alert

U.S. Citizenship and Immigration Services (USCIS) will open initial H-1B registration at noon Eastern time on March 4, 2026, and will remain open through March 19, 2026.

$100,000 Fee Not Applicable to Change of Status H-1B Petitions:

If you already reside in the U.S. in a valid nonimmigrant status (F-1, F-2, H-4, J-1, O-1, O-2, TN, etc.), and your employer files an H-1B change of status petition, you will not be subject to the proposed $100,000 fee. This fee is intended to discourage certain overseas registrations/filings and is cost-prohibitive for employers to sponsor workers who do not reside in the U.S.

Further, the new H-1B rule of implementing a weighted selection process will generally favor the allocation of H-1B visas to higher-skilled and higher-paid employees, while maintaining the opportunity for employers to secure H-1B workers at all wage levels. This rule benefits physicians, engineers, and other skilled workers paid in Wage Levels 3 or 4 by increasing their chances of being selected in the H-1B lottery, in addition to advanced U.S. degree selections.

Why This is Significant for U.S.-Based Foreign Nonimmigrants:

If you are currently in the U.S. on F-1 OPT/STEM OPT or another valid nonimmigrant status, this year may offer:

  • Reduced financial barriers for employers sponsoring you.
  • Potentially higher selection probability (especially if you qualify for advanced degree or higher wage levels).

In short, if you legally reside in the U.S., this year is your golden chance of being selected in the H-1B lottery.

If you wish to submit employee names in the H-1B lottery, please contact BMD Member Duriya Dhinojwala at dd@bmdllc.com to discuss your options.  


CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.

House Republicans Propose Cuts to Medicaid to Finance Savings

House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.

Protecting Your Image in the Age of AI-Generated “Deepfakes”

The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.