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