USCIS to require new I-539 and I-765 forms from September 15, with no grace period

U.S. Citizenship and Immigration Services (USCIS) has announced that revised editions of two widely used immigration forms, Form I-539 and Form I-765, will become mandatory from September 15, 2026, with older editions rejected outright from that date.

USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, both carrying the edition date 09/15/26.

The forms have been revised to align with a recently published final rule 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.

Unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect. Applicants filing on or after September 15 must use the correct 09/15/26 edition or risk having their filing rejected.

The change could affect H-1B families, international students, exchange visitors and other non-immigrants filing for status extensions or work authorisation.

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.

Certain H-4 spouses may qualify for an Employment Authorization Document and use Form I-765 to apply, subject to USCIS eligibility requirements.

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.

If USCIS rejects a form because the wrong edition was used, that is different from denying the underlying immigration benefit but a rejection can still delay processing and disrupt work authorisation timelines.