Highlights:
- USCIS will require the latest editions of Form I-539 and Form I-765 from September 15, 2026.
- Older editions submitted or postmarked on or after the deadline may be rejected.
- The new forms carry the edition date “09/15/26”.
- USCIS will not provide a grace period for the transition.
- Applicants should verify the form edition before filing.
USCIS is updating the forms used by H-1B visa holders’ dependents, international students and other nonimmigrants seeking immigration benefits or employment authorisation in the United States.
Starting September 15, 2026, applicants must use the latest editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorisation. Applications filed using older editions after the deadline may be rejected, and USCIS will not provide a grace period.
The change is particularly relevant to H-4 dependents of H-1B visa holders and other nonimmigrants who need to file these forms.
Form I-539 is used to request an extension or change of nonimmigrant status. H-4 spouses and children of H-1B visa holders commonly use the form, along with eligible individuals in other nonimmigrant categories.
Form I-765 is used to apply for an Employment Authorisation Document, commonly known as an EAD or work permit. Eligible H-4 visa holders can use the form to request employment authorisation in the United States.
For Form I-539, USCIS will accept the previous 08/28/24 edition if it is submitted or postmarked before September 15. From that date, applications using the older edition will be rejected.
For Form I-765, the previous 08/21/25 edition will be accepted if submitted or postmarked before September 15. Applications using that older edition on or after the deadline will also be rejected.
The new forms are marked with the edition date “09/15/26”. USCIS has made previews and instructions for the new forms available in advance to help applicants prepare. However, applicants should not submit the 09/15/26 editions before September 15, 2026.
Anyone planning to file Form I-539 or Form I-765 around the deadline should verify the edition date before submitting the application. Using an outdated form could result in rejection and may cause delays in immigration status or work authorisation processing.
