H-1B, H-4 Visa Holders Alert: USCIS To Reject Old I-539 and I-765 Forms From September 15

The US Citizenship and Immigration Services (USCIS) has announced that two of its key immigration forms will be replaced with new editions starting September 15. The update applies to Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, both of which will carry an edition date of 09/15/26, reports said. From that date onward, the agency will accept only the new 09/15/26 editions, and applications filed on the older forms will be rejected outright.

Why USCIS Is Revising The Forms

In its official announcement, USCIS said the revised forms "align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule."

The agency stated, "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)." It added that 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." H1B Visa: US May End 60-Day Grace Period After Job Loss, Indian Workers Could Be Hit Hard.

What Form I-539 And Form I-765 Are Used For

Form I-539 and Form I-765 are commonly used by H-1B visa holders, students, and other nonimmigrant visa categories, though for different purposes.

Form I-539 is used to extend or change a nonimmigrant visa status while in the US. Notably, H-1B workers themselves do not use this form to extend or change their H-1B status, since employers generally file Form I-129 on their behalf. However, H-1B dependents, meaning H-4 spouses and children, can use Form I-539 to extend or change their status. How Will Donald Trump’s Proposed H-1B and L-1 Visa Fee Hike Affect Indian Professionals?

Form I-765 is used to apply for work permission, officially known as an Employment Authorization Document (EAD). H-1B workers generally do not use this form for their own H-1B work authorization, but certain H-4 spouses may file Form I-765 to obtain an EAD if they meet the eligibility requirements.

No Grace Period For The Revised Editions

USCIS clarified that there will be no grace period for the switch to the new form editions, since the updated versions are necessary for the agency to apply the final rule. The agency stated, "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."

USCIS Filing Guidelines For Form I-539

According to USCIS, the following rules will apply for Form I-539:

• The 08/28/24 edition will be accepted if postmarked or electronically submitted before September 15, 2026
• The 08/28/24 edition will be rejected if postmarked or electronically submitted on or after September 15, 2026
• Only the 09/15/26 edition will be accepted if postmarked or electronically submitted on or after September 15, 2026

USCIS Filing Guidelines For Form I-765

For Form I-765, USCIS said the following will apply:

• The 08/21/25 edition will be accepted if postmarked or electronically submitted before September 15, 2026
• The 08/21/25 edition will be rejected if postmarked or electronically submitted on or after September 15, 2026
• Only the 09/15/26 edition will be accepted if postmarked or electronically submitted on or after September 15, 2026

USCIS has made clear there will be no leeway on this transition. Applicants and their attorneys will need to track the September 15 cutoff closely, as forms filed on the wrong editin, even by a single day, will be rejected outright.

(The above story first appeared on LatestLY on Aug 17, 2026 07:22 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).