THE PENG LAW · INSIGHTS
All Insights
Policy updates, enforcement news and practice analysis from our attorneys.
10 articles
DHS Proposes a $103,265 Fee for Cap-Subject H-1B Petitions
A proposed DHS rule would add $103,265 to every cap-subject H-1B petition, though nothing is owed today. Extensions, transfers, and cap-exempt employers are excluded, and the comment deadline is September 24, 2026.
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…
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…
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…
New DHS Rule Tightens Oversight on Foreign Student Visas to Prevent Abuse
The DHS final rule introduces stricter controls on foreign student visas to curb abuse. Students and employers should review compliance requirements immediately and prepare updated documentation to avoid delays or denial…
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…