THE PENG LAW · INSIGHTS
All Insights
Policy updates, enforcement news and practice analysis from our attorneys.
75 articles · page 1 of 4
September 2026 Visa Bulletin Holds All Employment-Based Dates
Frozen visa dates at fiscal year-end often precede retrogression, which could lock sponsored employees out of green card filings for months or years. Review priority dates now and file eligible adjustment applications be…
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…
DHS Proposes New $103,265 Fee for H-1B Cap Petitions: What Employers and Applicants Should Know
The DHS proposal introduces a $103,265 fee for all H-1B cap-subject petitions, significantly impacting employers and applicants. We recommend employers review their H-1B strategies promptly, consider alternative visa opt…
E-2 Closed to Mainland Chinese: Founders Must Weigh Treaty
E-2 eligibility turns on nationality first — PRC-only founders cannot qualify, and citizenship-by-investment applicants may face a three-year domicile rule. We break down every requirement, the stage-by-stage timeline, a…
FY2027 H-1B Lottery Shifts to a Weighted System That Favors Higher-Paid Roles
The FY2027 H-1B lottery now weights selection odds by offered wage level, disadvantaging entry-level roles. Review each candidate's wage level, SOC code, and work location before registration opens.
Remote I-9 Verification Requires E-Verify — Enroll Before Your First Hire
Employers who want to verify I-9 documents by live video must be enrolled in E-Verify and in good standing. We break down the DHS procedure, penalty exposure, and why it matters for L-1/EB-1C startups.
USCIS Ends RFE Safety Net: Incomplete H-1B, L-1, I-140 Filings Face Outright Denial
USCIS can now deny H-1B, L-1, and I-140 petitions immediately when required initial evidence is missing, with no RFE warning. Learn which pending filings are exposed and how to front-load evidence before submission.
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.
Filed N-400 Under the Five-Year Rule and Now Divorcing? Here's What Actually Matters
If you filed for naturalization under the five-year rule (INA §316) rather than the three-year marriage rule, divorce generally does not affect your N-400 eligibility. But the story changes if you obtained your green car…
Understanding the New Public Charge Rule and Its Impact on Business Immigration
This article explains key changes in the public charge framework and provides clear steps for business executives and investors to maintain compliance and avoid risks in their US immigration processes.
July 2026 Immigration Trends Impacting L-1, EB-1C, EB-5, and H-1B Applicants
This article analyzes recent immigration policy trends affecting L-1, EB-1C, EB-5, and H-1B categories. Readers will learn actionable steps to optimize filing timing, avoid common pitfalls, and leverage new opportunities…
July 2026 Visa Bulletin: Key Movements and Practical Steps for EB-1C and EB-5 Applicants
This article analyzes the July 2026 visa bulletin changes, focusing on EB-1C and EB-5 categories relevant to Chinese executives and investors. We provide actionable steps to optimize filing strategies and avoid common pi…
The US Has No Immigration Shortage List — Here Are the Occupation-Independent Green Card Paths for Chinese Professionals
As countries increasingly select immigrants by occupation, Chinese professionals ask whether the US has a shortage list they can leverage. The short answer: the US relies on Schedule A plus a handful of pathways that ski…
DHS Ends Duration of Status for F, J, and I Visas: What the September 2026 Rule Changes and How to Prepare
DHS finalized a rule replacing the open-ended 'duration of status' system with a fixed admission period for F (students), J (exchange visitors), and I (media) visa holders, effective September 2026. For students on OPT w…
The U.S. Version of a 'Shortage Occupation List': How Schedule A and Self-Petition Routes Let You Skip PERM
While immigration systems abroad debate reforming their shortage occupation lists, many skilled professionals overlook that the U.S. has its own version—Schedule A under 20 CFR 656.5—plus self-petition routes (EB-1A, NIW…
The Proposed End of "Duration of Status" for F-1 Students—and Your Path Forward
DHS has proposed replacing the long-standing "duration of status" admission for F-1 students with a fixed term of admission, which would reshape how international students plan their time in the U.S. For our client base,…
Skip PERM With Schedule A: A Faster Green Card Path Under 20 CFR 656.5
While other countries revise their shortage occupation lists, the U.S. already has one—Schedule A under 20 CFR 656.5—that lets qualifying nurses, physical therapists, and individuals of exceptional ability file an I-140…
August 2026 Visa Bulletin Analysis: Key EB-1C and EB-5 Date Movements and Strategies
The August 2026 Visa Bulletin shows modest forward movement in EB-1C China and slight retrogression in EB-5 China. We recommend clients with EB-1C priority dates near cutoff to prepare I-485 documents now, while EB-5 inv…
Traveling Abroad While Your U.S. Green Card Case Is Pending: A Practical Playbook for Investors and Executives
Border controls tighten and loosen around the world without warning, but the risk that actually strands our clients is a missing U.S. travel document. If you have a pending I-485, or you are a green card holder who spend…
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…
USCIS Updates Asylum Processing to Cut Backlog and Improve Efficiency
USCIS has implemented new procedural changes to reduce asylum case backlogs. Applicants and their representatives should review the updated rules and adjust filing strategies accordingly to avoid delays and prepare for f…
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…