New US Visa Rules From September 15: What Changes For H-1B Holders And Students

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Outlook News Desk
Curated by: Aryan Dwivedi
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USCIS has said there will be no grace period once the new forms take effect. Applicants who submit an outdated edition on or after September 15 could have their filings rejected

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Summary of this article
  • USCIS will roll out revised I-539 and I-765 forms from September 15.

  • Old editions filed after the deadline could be rejected without grace period.

  • H-4 dependents may need I-539 for status extensions or changes.

The US Citizenship and Immigration Services (USCIS) will introduce revised versions of two widely used immigration forms from September 15, 2026, a change that could affect H-1B families, international students, exchange visitors and other non-immigrants filing for status extensions or work authorisation.

The revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, will both carry an edition date of September 15, 2026.

USCIS has said there will be no grace period once the new forms take effect. Applicants who submit an outdated edition on or after September 15 could have their filings rejected.

“On Sept. 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26),” the agency said.

“The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765,” USCIS added.

Why Is USCIS Changing The Forms?

According to USCIS, the revised forms are required to implement the recently published final rule on fixed periods of admission and extension-of-stay procedures for non-immigrant academic students, exchange visitors and representatives of foreign information media.

Because the new forms are linked to implementation of that rule, USCIS said applicants will not receive a transition period in which both old and new versions remain acceptable.

“Because there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Do not file the 09/15/26 editions of these forms before Sept. 15, 2026,” the agency said.

What Changes For Form I-539?

Form I-539 is generally used by eligible non-immigrants already in the United States who want to extend their stay or change to another non-immigrant status.

USCIS will accept the existing August 28, 2024 edition if it is postmarked or electronically submitted before September 15.

Applications using that edition on or after September 15 will be rejected. From that date, only the new September 15, 2026 edition will be accepted.

For H-1B families, Form I-539 is particularly relevant to H-4 spouses and children seeking to extend or change their dependent status.

H-1B workers themselves generally do not use Form I-539 to extend their H-1B status. Their employer usually files Form I-129, Petition for a Nonimmigrant Worker, on their behalf.

What Changes For Form I-765?

Form I-765 is used by eligible applicants seeking an Employment Authorization Document, or EAD, which serves as evidence that they are permitted to work in the United States.

The current August 21, 2025 edition will remain valid only for applications submitted or postmarked before September 15.

From September 15, USCIS will reject applications filed using the older edition and accept only the September 15, 2026 version.

An H-1B worker generally does not rely on Form I-765 for employment connected to H-1B status. Certain H-4 spouses, however, may qualify for an EAD and use Form I-765 to apply, subject to USCIS eligibility requirements.

What International Students Should Know

Form I-765 is also relevant to certain international students who are eligible to seek employment authorisation in the US.

The new form requirement does not mean every international student, H-1B worker or H-4 dependent needs to submit a fresh application. It applies when an individual is filing a request that requires one of the revised forms.

Students and other applicants preparing filings close to the September 15 deadline will therefore need to pay particular attention to the edition date.

No Grace Period After September 15

USCIS has laid out a clear cut-off for both forms. For Form I-539, the agency said it will accept the August 28, 2024 edition if filed before September 15, reject it if submitted on or after that date, and accept only the September 15, 2026 edition thereafter.

The same approach applies to Form I-765: the August 21, 2025 edition remains acceptable before the deadline but will be rejected from September 15 onwards.

USCIS has already released preview versions of the revised forms so applicants and legal representatives can examine them in advance. However, the agency has cautioned applicants not to submit the new editions before they officially take effect.

For applicants, the immediate requirement is to check the edition date before filing. The update does not itself create a new visa category or alter H-1B eligibility, but using the wrong version of either form after September 15 could result in an otherwise avoidable rejection.

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