H-1B Cap-Exempt Final Rule Change in 2025

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January 15, 2025

By Rachel Wei, Esq. and Julie Oliver-Zhang, Esq.

Cap-Exempt H-1B Just Got Better: New H-1B Modernization Rule Explained

On January 17, 2025, the Department of Homeland Security (DHS) will implement the H-1B Modernization Final Rule, introducing significant flexibilities for nonprofit and governmental research organizations. This development makes it easier for U.S. organizations to unlock the potential of international talent, especially for those navigating the H-1B cap-exempt process.

What Does “Cap-Exempt” Mean?

The U.S. Congress caps H-1B visas annually at 65,000, with an additional 20,000 visas reserved for individuals holding advanced degrees from U.S. institutions. However, certain petitions are exempt from this cap. Specifically:

  • Nonprofit organizations affiliated with universities.
  • Governmental research organizations.
  • Nonprofit research organizations.

This exemption allows eligible employers to bypass the H-1B lottery process, providing greater flexibility in hiring skilled foreign professionals.

Can Cap-Exempt H-1B Applications Be Filed Year-Round?

Absolutely! Unlike cap-subject H-1B petitions, cap-exempt H-1B applications can be filed at any time during the year. There’s no need to wait for the H-1B registration window or hope for lottery selection. This flexibility makes cap-exempt petitions an ideal solution for organizations that want to hire international talent immediately.

What’s New with the H-1B Modernization Final Rule?

The H-1B Modernization Final Rule introduces pivotal changes to the cap-exempt H-1B process, enabling more organizations and beneficiaries to qualify for exemptions:

  • Expanded Definition of Qualifying Organizations:
    • DHS has updated the definitions of “nonprofit research organization” and “governmental research organization.”
    • The terms “primarily engaged” and “primary mission” have been replaced with “fundamental activity.”
    • Nonprofit entities or governmental research organizations that conduct research as a fundamental activity—regardless of whether research is their primary focus—now qualify for the H-1B cap exemption.
      • Nonprofit Research Organizations Example:  A nonprofit hospital that conducts medical research as a fundamental activity, even if its primary mission is patient care.
        Governmental Research Organizations Example: A state agency that engages in environmental research as a fundamental component of  its operations, though its primary mission may be regulatory enforcement.
        Examples of Qualifying Organizations Under the New Rule
      • Eligibility for Indirect Employment:
        • Beneficiaries who are not directly employed by a qualifying organization may still qualify for a cap exemption.
        • To qualify, they must spend at least 50% of their time contributing to the fundamental mission or objectives of the exempt organization.

These changes significantly broaden the eligibility criteria for cap-exempt H-1B petitions, making it easier for U.S. nonprofits and research entities to hire international professionals.

Why Choose Oliver-Zhang Law for Your Cap-Exempt H-1B Needs?

At Oliver-Zhang Law, we are experienced with assisting nonprofit and governmental research organizations with H-1B cap-exempt petitions. Our team has a proven track record of guiding employers through the complexities of the process, ensuring compliance with evolving regulations.

Whether you are hiring researchers, educators, healthcare professionals, or advisors, we provide:

  • Eligibility Assessment: Determining whether your organization and employees meet cap-exempt criteria.
  • Document Preparation: Compiling and submitting a strong, evidence-backed petition.
  • Expert Guidance: Staying informed about USCIS updates and ensuring compliance with the new H-1B rules.
  • Seamless Support: Making the entire process stress-free for your organization.

Contact Us Today

Take advantage of the new H-1B Modernization Rule and bring top global talent into your organization. Contact Oliver-Zhang Law for personalized, expert assistance:

📞 Call: 202-643-1110
📧 Email: [email protected]

Virginia Hospital Indicted Over Unnecessary Surgeries: A Wake-Up Call for Patient Vigilance

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January 14, 2024

By Julie Oliver-Zhang, Esq.

Virginia Hospital Indicted Over Unnecessary Surgeries: A Wake-Up Call for Patient Vigilance

In a significant legal development, Chesapeake Regional Medical Center in Virginia has been indicted on federal charges of healthcare fraud and conspiracy. The indictment alleges that the hospital facilitated unnecessary surgeries performed by Dr. Javaid Perwaiz, an obstetrician-gynecologist who conducted irreversible hysterectomies and improper sterilizations on numerous women without medical necessity. These procedures, driven by a profit motive, left many patients sterile and were reimbursed by programs like Medicare and Medicaid. Despite being aware of Dr. Perwaiz’s prior misconduct, including a history of performing unnecessary surgeries and a guilty plea to federal tax fraud charges in 1996, the hospital granted him privileges from 1984 until his arrest in 2019. During this period, the hospital received $18.5 million in reimbursements for procedures he performed. Dr. Perwaiz was sentenced to 59 years in prison in 2021. The hospital is scheduled for arraignment on January 22, 2025, and has stated its intention to contest the charges. 

Reuters

Implications for Patients

This case underscores the critical importance of patient vigilance in healthcare settings. To safeguard against unnecessary or harmful medical procedures, patients should consider the following steps:

  • Seek Second Opinions: Before undergoing significant surgical procedures, especially those that are irreversible, obtaining a second opinion can provide confirmation of the necessity and appropriateness of the recommended treatment.
  • Research Healthcare Providers: Investigate the background and reputation of healthcare providers and institutions. Resources such as state medical boards and online reviews can offer valuable insights into a provider’s history and patient satisfaction.
  • Ask Questions: Engage in open communication with your healthcare provider. Understand the reasons behind recommended procedures, potential risks, and alternative treatment options.
  • Be Aware of Red Flags: Be cautious if a provider recommends immediate surgery without exploring less invasive options, or if they dismiss your concerns about the necessity of a procedure.

Legal Recourse

Victims of unnecessary medical procedures have the right to seek legal recourse. Medical malpractice laws are designed to protect patients from negligent or unethical practices by healthcare providers. If you believe you have been subjected to unnecessary medical treatment, consulting with a qualified medical malpractice attorney can help you understand your rights and options.

Conclusion

The indictment of Chesapeake Regional Medical Center serves as a stark reminder of the potential consequences when healthcare providers prioritize profit over patient care. Patients must remain vigilant, informed, and proactive in their healthcare decisions to protect themselves from unnecessary and potentially harmful medical interventions.

Understaffing at Kaiser Permanente: A Pitfall for Medical Malpractice?

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By Julie Oliver-Zhang, Esq.

January 10, 2025

Understaffing at Kaiser Permanente: A Pitfall for Medical Malpractice?

In October 2023, over 75,000 Kaiser Permanente healthcare workers initiated a three-day strike across multiple states, including the District of Columbia, to protest chronic understaffing and its detrimental impact on patient care.

AP News

The Coalition of Kaiser Permanente Unions emphasized that persistent staffing shortages have led to increased workloads, employee burnout, and compromised patient safety. A survey conducted by the Alliance of Health Care Unions revealed that 95% of Kaiser Permanente workers believe understaffing negatively affects patient care and access.

UFCW Local 400

Understaffing in healthcare settings can lead to:

  • Delayed Treatments: Patients may experience longer wait times, resulting in the progression of medical conditions.
  • Medication Errors: Overworked staff are more prone to mistakes in medication administration.
  • Inadequate Monitoring: Critical changes in patient conditions may go unnoticed without sufficient staffing.

These issues can increase the risk of medical malpractice, as healthcare providers may fail to meet the standard of care required for patient safety.

In response to the strike, Kaiser Permanente reached a tentative agreement with the unions, promising to address staffing concerns and improve working conditions.

The Hill

Patients receiving care during periods of understaffing should:

  • Stay Informed: Be aware of ongoing labor disputes that may affect healthcare services.
  • Advocate for Themselves: Communicate concerns to healthcare providers and seek second opinions if necessary.
  • Seek Legal Counsel: If substandard care is suspected, consult with a medical malpractice attorney to explore legal options.

The recent labor disputes at Kaiser Permanente highlight the critical need for adequate staffing in healthcare facilities to ensure patient safety and prevent potential medical malpractice.

Sources:

Kaiser Permanente Workers Strike Over Staffing Concerns