Department of Homeland Security

Automatic Extension Period for Employment Authorization Documents Once Again Increased

U.S. Citizenship and Immigration Services (“USCIS”) has once again increased the automatic extension period for certain timely-filed Employment Authorization Documents (“EADs”) from 180 days to 540 days after reducing the extension period from 540 days to 180 days in late October 2023. Although processing times have been significantly reduced for most EAD categories, due to the significant influx of renewal applications, the temporary lengthening of the automatic extension period will prevent work-authorized foreign workers from having their employment authorization lapse while waiting for their EADs to be adjudicated.

Eligible applicants include individuals: (1) who file their Form I-765 to renew their EADs and the renewal application remains pending; (2) whose renewal category is eligible for automatic extension; and (3) whose category on their current EAD matches the “class requested” listed on the Form I-797C, Notice of Action receipt notice. Eligible applicants who file a Form I-765 renewal application after April 8, 2024, will be issued a Form I-797C, Notice of Action receipt notice indicating that a 540-day automatic extension period has been granted. Additionally, eligible applicants who filed a Form I-765 renewal application between October 27, 2023, and April 8, 2024, and were granted a 180-day extension, will also be eligible for the 540-day extension but will not be issued a new receipt notice. Contact immigration counsel to assist with EAD renewal applications and Form I-9 compliance to document employment authorization.

H-1B Cap Lottery Update for FY 2025

The H-1B cap season is in full swing as USCIS continues to receive and adjudicate H-1B petitions for beneficiaries selected under this year’s lottery. USCIS announced its selection of 120,603 registrations in the initial selection for the fiscal year (“FY”) 2025 H-1B cap and saw an approximate decrease of 20,000 electronic registrations compared to FY 2024 (approximately 442,000 registrations were submitted for FY 2025 compared to 446,000 registrations in FY 2024). Selected beneficiaries and their petitioners will have until June 30, 2024, to submit their H-1B petitions for adjudication at the appropriate service center. Please continue to monitor Immigration Insights for news updates regarding a potential second H-1B lottery and contact your immigration counsel to discuss alternatives for those who were not selected under this year’s H-1B cap.


Munsch Hardt’s Immigration Practice Group assists nonprofit organizations with petitioning for cap exemption, allowing organizations to submit H-1B petitions year-round and beyond the annual 85,000 cap. Most recently, the team assisted a faith-based health facility qualify as a cap-exempt entity and employ a foreign national in a specialized capacity without concern for the fiscal year limit.