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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.  


Ohio Medical Board Releases New Telehealth Rules

On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.

The End of the Public Health Emergency is (Finally) Here

The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.

Multi-340B Contract Pharmacy Locations on the Brink? The Third Circuit’s Ruling Gives a Hint.

The 340B drug discount program requires pharmaceutical manufacturers to offer to sell their products at significant discounts to safety net providers called “covered entities.” In 1996, the Health Resources and Services Administration (HRSA) issued guidance authorizing covered entities to enter into a contract pharmacy arrangement with a single third-party contract pharmacy, to which the manufacturer would ship 340B medications but bill the covered entity. In 2010, HRSA issued revised guidance permitting covered entities to enter into an unlimited number of contract pharmacy arrangements.

Five Opportunities for Operations and Compliance Excellence in 2023

With the holidays behind us and the rest of the year ahead, now is the perfect time to get your operational/compliance house in order! Though your list might be a mile (or an inch) long, here are five places to start.

The Pregnant Workers Fairness Act - What Employers Need to Know

Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will require employers with at least 15 employees to provide reasonable accommodations for qualified employees with pregnancy-related restrictions unless doing so would impose an undue hardship on the employer.