THE PENG LAW · INSIGHTS
All Insights
Policy updates, enforcement news and practice analysis from our attorneys.
12 articles
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.
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…
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…
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-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…
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…