THE PENG LAW · INSIGHTS
All Insights
Policy updates, enforcement news and practice analysis from our attorneys.
54 articles · page 1 of 3
H-2B Peak-Season Staffing: The 66,000 Cap Demands a Six-Month Filing Runway
Employers needing seasonal workers must start H-2B planning roughly six months before the date of need or risk losing the entire season. We break down the cap timeline, lottery mechanics, fees, and contingency options.
Remote I-9 Verification Is Legal — but Only for E-Verify Employers
Remote I-9 document review is only lawful for E-Verify employers who complete every required step, including live video and document retention. Audit your remote verifications now, before elevated worksite enforcement fi…
First Circuit Denies Stay: $100,000 H-1B Fee Remains Vacated While Appeal Proceeds
On July 24, 2026, the First Circuit declined to pause a district court order striking down the $100,000 H-1B fee, so the fee is not being collected while the appeal continues. Employers can file H-1B petitions using stan…
ICE Prioritizes Criminal Arrests — Employers Should Audit Criminal-History Exposure Now
Heightened ICE criminal enforcement means even minor or foreign arrest records can derail sponsored employees' visas, green cards, and travel. Learn which records trigger inadmissibility and the compliance steps to take…
August 2026 Visa Bulletin: EB-1 China Advances One Month, EB-2 China Holds, and EB-4 Posts Its First Broad Movement in Months Ahead of the September 30 Fiscal-Year Close
New I-485 filing windows open in August for certain China-born EB-1 and EB-3 employees, but EB-2 China stays frozen. Review priority dates now, because retrogression risk rises as the September 30 fiscal-year close appro…
H-1B Cap Registration Is a Hard Deadline — Miss It and You Lose the Entire Fiscal Year
A missed H-1B registration window costs your company an entire fiscal year with no exceptions or late filings. Learn the December-through-March preparation timeline that protects your candidates before FY 2028 registrati…
July 2026 China EB-3 Priority Date Advances Nearly 5 Months, EB-5 Set-Asides Remain Current
China-born EB-3 employees with priority dates before December 22, 2021 can file I-485 in July after the year's biggest cutoff jump. Employers should audit priority dates now, since retrogression may return before Septemb…
DOL Proposes 21–33% Prevailing Wage Increases for H-1B and PERM Cases
New government wage data now controls every H-1B and PERM filing submitted since July 1, so old salary benchmarks may fall short. A separate pending rule could push required wages far higher, making early filing valuable…
DOL Signals First Comprehensive PERM Overhaul Since 2004 — Employers Sponsoring Green Cards Should Front-Load Filings and Tighten Recruitment Records Now
Employers sponsoring green cards face the first major PERM rewrite in over two decades, with a proposed rule expected July 2026. Filing prevailing wage requests now locks in today's framework and protects priority dates.
An ICE Enforcement Action — and What It Made Me Rethink About Companies Going Global
A 2025 ICE worksite action at a Georgia battery plant detained roughly 475 workers. Attorney Peng explains why immigration compliance — not products or markets — is often what derails companies expanding into the U.S.
Inflated PERM Job Requirements Are a Leading Cause of Audits and Denials — How to Define "Actual Minimum Requirements" Defensibly
This article clarifies the actual minimum requirements in PERM recruitment under USCIS regulations and offers concrete steps to avoid common pitfalls. Employers should review job descriptions carefully and ensure complia…
EB-2 NIW (National Interest Waiver) 2026: Requirements, the Dhanasar Standard & Adjudication Trends
The National Interest Waiver is the only EB-2 path that needs no employer and can be self-petitioned. This guide covers eligibility, the Dhanasar three-prong standard, how to frame the proposed endeavor, an evidence chec…
E-2 Visa to the USA from the UK: The 2026 Guide for British Investors
The UK is a treaty country, so British nationals can use the E-2 to invest in and run a real US business — no fixed minimum, no lottery, no multi-year queue. This guide covers the eligibility standard, how much to invest…
DHS's 358-Page EB-5 Overhaul Signals Tougher Rules Ahead — Investors Should Treat September 30 as the Key Filing Deadline
On July 2, 2026, DHS published a Notice of Proposed Rulemaking (Federal Register docket 2026-13392) to implement the EB-5 Reform and Integrity Act of 2022 (RIA). Key proposals: codifying minimum investment thresholds ($1…
EB-1C Planning Must Begin One to Two Years After L-1 Entry for China- and India-Born Executives
Multinational executives on L-1A visas should review their company structure and prepare strong documentation to leverage the EB-1C green card pathway efficiently. We recommend early filing to avoid delays and ensure com…
Supreme Court Decision Opens Door for TPS Termination: What It Means for Immigrants
The Supreme Court ruling facilitates the termination of Temporary Protected Status (TPS) designations, impacting many beneficiaries. We recommend TPS holders and their employers promptly review their status and explore a…
Trump Proposal May Ease Green Cards for Foreign Graduates of US Universities
Former President Trump’s proposal to grant green cards to foreign graduates from US colleges signals a potential shift in immigration policy. Corporate executives and investors should monitor this development as it may o…
DHS Clarifies Green Card Applicants’ Stay Rights, Easing Status Concerns
The DHS clarification confirms most green card applicants can remain in the U.S. while their applications are pending. We recommend clients promptly verify their current status and plan timely I-485 filings to maximize b…
Mullin v. Doe Case Highlights Risks of Race-Neutral Policies Masking Discrimination
This article explains the Mullin v. Doe ruling and advises corporate immigration clients to carefully assess policies that appear neutral but may conceal discriminatory intent. We recommend reviewing internal compliance…
July 2026 Visa Bulletin Explained: Final Action vs. Filing Dates, Child Age-Out & the New I-485 Discretion Memo
USCIS confirms July 2026 employment-based I-485 filings follow the Final Action Dates chart. We break down the July family- and employment-based movements, the new child age-out rule, and how USCIS's latest I-485 discret…
O-1 Visa Requirements 2026: The 8 Criteria, Evidence, and Filing Process
The O-1 visa has no annual cap and no lottery — a fast track for top talent to work in the U.S. We break down the eight O-1A criteria, the O-1B arts standard, the required advisory opinion, petitioner structure, and the…
O-1 Visa for Startup Founders and Entrepreneurs: A 2026 Guide
Founders are the fastest-growing O-1 segment. This guide covers how entrepreneurs prove extraordinary ability under O-1A, how your own company can serve as a compliant petitioner, and how to organize VC, media, and paten…
O-1A vs O-1B: Which O-1 Visa Should You Apply For?
The O-1 splits into O-1A (sciences/education/business/athletics) and O-1B (arts/film & TV), with different criteria and evidence. Choosing the wrong track is a common denial reason — here is how to tell which one fits yo…
O-1 Visa Cost, Processing Time, and Premium Processing (2026)
How much does an O-1 cost and how long does it take? We break down government filing fees, the premium-processing fee, attorney fees, and advisory-opinion costs, plus regular vs 15-day premium timelines for budgeting and…