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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.  


Valley National Bank/Trulieve Loan: A Big Step Out of the Shadows

In a late December press release, Trulieve announced that it had secured a $71.5 million commercial bank loan. In addition to the amount of the loan, which may be the largest commercial bank loan to date to a cannabis company, the release prominently identified Valley Bank and featured both a quote from Valley’s Senior Vice President, John Myers, and a description of the Bank’s service platform and commitment to the cannabis industry.

The End of Non-Competes? The Impact It Will Have on the Healthcare Industry

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”

2022 Healthcare Recap and 2023 Healthcare Check-Up

As the country begins to return to a new “normal” following the COVID-19 pandemic, there are many healthcare rules changing on both the federal and state levels as a result. Thus, it is important for healthcare providers and their employers to be aware of these changing rules, and any implications they may have on their practice. Look back on healthcare in 2022 and find a checklist for 2023.

Direct Support Professional Retention Payments

On December 15, the Ohio Senate and House passed House Bill 45, which authorizes the Department of Developmental Disabilities (DODD), in conjunction with the county boards of developmental disabilities, to launch their initiative to issue retention payments to Direct Support Professionals (DSPs). These retention payments will be distributed quarterly to participating home and community-based waiver providers to address the workforce crisis in the direct provider sector. Governor DeWine needs to sign the Bill to begin the payments, but he is expected to do so by the end of 2022.

Real Estate Investors Position for 2023 Opportunities

Real estate investors weathered another year in a post-pandemic world, with the year closing with yet another interest rate increase coupled with both uncertainty and heightened interest carrying into 2023. Just last Wednesday, the Federal Reserve raised its benchmark interest rate 0.50 percentage points, shifting the target range to 4.25% to 4.50%. The new level is the highest the fed funds rate has been since December 2007 and marks the seventh rate hike this year. So what does this mean to investors, brokers, lenders, and others in the real estate world? Read a few perspectives below from stakeholders familiar with our BMD clients and the markets in which they do business.