The United States Citizenship and Immigration Services (USCIS) will introduce revised versions of two key immigration forms on September 15, 2026, directly impacting certain non-immigrants, including H-1B families, international students, and exchange visitors. Starting that date, applicants who submit the wrong edition of Form I-539 or Form I-765 risk having their applications rejected, making it essential to verify the form edition before filing.
Key Changes to Form I-539 and Form I-765
The updates affect Form I-539, used by eligible non-immigrants to extend their stay or change status, and Form I-765, which is the application for employment authorization and an Employment Authorization Document (EAD). USCIS will replace the current Form I-765 edition dated August 21, 2025, with a new edition dated September 15, 2026. Applicants submitting Form I-765 on or after September 15 must use the new edition. The existing version remains acceptable if properly submitted or postmarked before the effective date. USCIS has indicated there will be no grace period for using the old Form I-765 after the new edition takes effect.
What H-1B Families Need to Know
The changes are particularly relevant to some H-1B families because eligible H-4 dependents may use Form I-539 to request an extension or change of their non-immigrant status. However, the H-1B worker generally does not use Form I-539 to extend or change their own H-1B status; that process normally involves the employer filing Form I-129, Petition for a Nonimmigrant Worker. H-4 spouses may also qualify for employment authorization in certain circumstances and, where eligible, can use Form I-765 to apply for an EAD. It is important to note that holding H-4 status does not automatically mean a spouse qualifies for an employment authorization document; eligibility depends on applicable USCIS requirements.
Students and Other Non-Immigrants May Be Affected
Form I-765 is used by several categories of eligible applicants seeking permission to work in the US, including certain international students and other non-immigrants whose circumstances qualify them for employment authorization. Form I-539 also covers several eligible non-immigrant categories beyond H-4 dependents, including individuals seeking to extend their stay or change to another eligible non-immigrant status. Because eligibility varies by immigration category, applicants should confirm that the form they are using is appropriate for their particular situation.
From September 15, applicants should ensure they are using the September 15, 2026 editions of Form I-539 and Form I-765, where applicable. USCIS has made preview versions available so applicants can review the updated forms before the effective date, according to a report by Hindustan Times. Using an outdated form can create unnecessary delays or result in rejection. Applicants should therefore check the latest USCIS instructions and form edition immediately before filing, particularly if their immigration status, employment authorization, or dependent status is involved.
In a related development, the United States has terminated Temporary Protected Status (TPS) for nationals of Somalia, South Sudan, Cameroon, and Ethiopia, as reported earlier by Legit.ng. According to updates published by USCIS on August 14, Somalia’s designation ended on August 14, while South Sudan’s ended on August 7, 2026. These decisions are part of a broader review of humanitarian immigration programmes and could affect thousands of foreign nationals who previously relied on TPS to remain and work legally in the US.
