USCIS Rolls Out New Forms with No Grace Period!, TechGig
The US Citizenship and Immigration Services (USCIS) has announced a significant procedural update, mandating the replacement of two crucial immigration forms, Form I-539 and Form I-765, with new editions. These revised forms will become effective on September 15, 2026, after which only the updated versions will be accepted for all submissions.
USCIS has explicitly stated that no grace period will be available for this transition. For Form I-539, the agency will accept the 08/28/24 edition if it is postmarked or electronically submitted before September 15, 2026. However, the 08/28/24 edition will be rejected if submitted on or after September 15, 2026. From this date, only the 09/15/26 edition of Form I-539 will be accepted.
Similarly, for Form I-765, 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 submitted on or after September 15, 2026, with only the 09/15/26 edition of Form I-765 being accepted from that date forward. This strict policy underscores the need for applicants to use the correct forms to avoid outright rejection.
Impact on Nonimmigrant Status and Work Authorisation
Form I-539, titled “Application to Extend/Change Nonimmigrant Status,” is widely used by individuals seeking to prolong their stay or alter their visa category while in the United States. While H-1B visa holders typically rely on their employers to file Form I-129 for their status extensions, Form I-539 is a critical document for their H-4 dependents, including spouses and children, to extend or change their nonimmigrant status.Similarly, Form I-765, the “Application for Employment Authorization,” is essential for obtaining an Employment Authorization Document (EAD), which grants permission to work in the US.
Although H-1B workers generally do not use Form I-765 for their primary work authorisation, certain H-4 spouses are eligible to apply for an EAD using this form, provided they meet specific criteria. This makes the update particularly relevant for a segment of the Indian tech workforce and their families.
USCIS has clarified that the introduction of these revised forms aligns 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.” This regulatory framework necessitates the updated application procedures to ensure compliance and streamline processing.
To assist applicants in preparing for the change, USCIS has provided preview versions of the 09/15/26 editions of Form I-539 and Form I-765, along with their comprehensive instructions. However, the immigration agency has issued a clear directive: these new editions must not be filed before their official effective date of September 15, 2026.
This proactive measure aims to prevent premature submissions and ensure a smooth transition for all affected visa holders.
