THE PENG LAW · INSIGHTS
All Insights
Policy updates, enforcement news and practice analysis from our attorneys.
22 articles
Three Developments Reshape L-1 Executive, EB-1C, and EB-5 Investor Planning
A qualifying Form I-526E filed on or before September 30, 2026 may receive statutory protection unavailable to later petitions. China-born L-1A executives generally need an EB-1C strategy years before their seven-year ma…
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.
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…
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…
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…
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…
EB-5 New Law Window: Why Now Is the Best Time for Chinese Investors
EB-5 rural/high-unemployment/infrastructure projects remain current with no backlog. Concurrent filing allows immediate EAD and AP. Window may close by 2027-2028.