°C
Air:
GOLD73,245 0.25%
SILVER84,520 0.29%
USD83.25 0.12%
EUR90.45 0.08%
GBP105.6 0.15%
US Visa Rules Change From September 15: New USCIS Forms Required for Students and H 1B Families
Asia

US Visa Rules Change From September 15: New USCIS Forms Required for Students and H 1B Families

0 views
Text Size:

International students may use this form in connection with employment authorisation such as Optional Practical Training and STEM Optional Practical Training, when eligible.

The United States is set to introduce an important change to its immigration application process from September 15, 2026. The United States Citizenship and Immigration Services will begin using revised editions of two major immigration forms, Form I 539 and Form I 765.

The change is particularly relevant to international students, H 4 dependents and other eligible nonimmigrant visa holders who need to extend or change their immigration status or apply for employment authorisation in the United States.

USCIS has announced that the revised editions of both forms will carry an edition date of September 15, 2026. Applicants submitting these forms on or after that date will be required to use the new editions. Older versions will no longer be accepted and will be rejected without a transition or grace period.

Form I 539 is officially known as the Application to Extend or Change Nonimmigrant Status. It is used by eligible individuals already in the United States who want to extend their authorised stay or change from one nonimmigrant status to another.

The form is commonly relevant to dependents and other nonimmigrant categories. For Indian families living in the United States, H 4 spouses and children can be among those who need to use Form I 539 when seeking an extension or change of status.

Form I 765 has a different purpose. It is the Application for Employment Authorisation and is used by eligible nonimmigrants to request an Employment Authorization Document. International students may use this form in connection with employment authorisation such as Optional Practical Training and STEM Optional Practical Training, when eligible.

USCIS has specified a clear deadline for the transition. The current August 28, 2024 edition of Form I 539 can be used if the application is postmarked or electronically submitted before September 15, 2026. From September 15 onward, applicants must use the new September 15, 2026 edition.

A similar rule applies to Form I 765. The August 21, 2025 edition can be used for applications submitted before September 15. After the deadline, USCIS will require the new September 15, 2026 edition. Applications submitted using the previous edition after the deadline can be rejected.

USCIS has released preview versions of the updated forms and instructions ahead of the implementation date. However, applicants have been advised not to submit the new editions before September 15. The new versions become effective only from the specified date.

The changes are connected to a broader Department of Homeland Security rule concerning the admission period of certain nonimmigrant visa holders. The new rule changes the longstanding Duration of Status system for F 1 students, J 1 exchange visitors and I visa holders.

Under the new system, eligible F 1 and J 1 visa holders will generally receive a fixed period of admission rather than remaining in the United States under the previous Duration of Status framework. The maximum admission period for many F 1 and J 1 students and exchange visitors can be up to four years, subject to the applicable rules and circumstances.

This change means international students may need to pay closer attention to their authorised stay and the dates associated with their immigration status. Students who need additional time beyond their authorised period may have to follow the revised extension procedures.

The new system could therefore make immigration compliance more important for international students. Students will need to monitor their programme dates, immigration documents and authorised stay carefully.

The changes also matter for students planning to move from F 1 student status to employment based immigration categories. USCIS guidance indicates that certain existing protections, including the cap gap provisions for eligible F 1 students participating in the H 1B process, remain unchanged.

For H 1B families, it is important to understand that the new Form I 539 requirement does not mean every H 1B worker must personally file this form. H 1B workers generally use Form I 129 through their employer for petitions involving H 1B employment.

However, H 4 dependents may use Form I 539 when applying to extend or change their status. Certain eligible H 4 spouses may also use Form I 765 when applying for employment authorisation.

This distinction is important because headlines about the form changes can create confusion among H 1B workers and their families. The September 15 update primarily concerns the editions of the forms, while the eligibility requirements for the relevant immigration benefits continue to depend on the individual's circumstances.

Applicants should therefore avoid relying solely on social media posts or general information when preparing immigration applications. They should check the latest USCIS instructions and confirm which form and edition applies to their specific case.

Using an outdated form after the September 15 deadline could result in rejection. This could create additional costs, delays and potential immigration complications, particularly for people working under strict status deadlines.

International students are also advised to communicate with their university's international student office when the new rules affect their status or employment authorisation. Universities often provide guidance on F 1 and J 1 compliance and can help students understand how changes in federal immigration rules may affect their individual circumstances.

The September 15 changes therefore represent more than a simple form update. They coincide with a broader change in the way certain categories of nonimmigrants are admitted and maintain status in the United States.

For Indian students and families, the key message is to prepare before the deadline. Applicants who need to submit Form I 539 or Form I 765 should check the edition date carefully and make sure they are using the correct version.

USCIS has made clear that there will be no grace period for the older editions after September 15. This means applicants should not assume that an older form will continue to be accepted for a short period after the deadline.

The change is part of a broader effort by US immigration authorities to update application procedures and implement new rules governing nonimmigrant admission periods.

For students, H 4 dependents and other eligible nonimmigrant applicants, careful attention to filing dates and form editions will be essential. Checking the official USCIS website before submitting an application can help applicants avoid preventable rejection.

Overall, September 15, 2026 will be an important date for several categories of people living or studying in the United States. The introduction of revised Forms I 539 and I 765, combined with the new fixed admission framework for certain F 1, J 1 and I visa holders, will require applicants to pay closer attention to their immigration documents and authorised stay.

The most important point is simple. Applications submitted on or after September 15 must use the new editions of the applicable forms. Applicants should verify the latest USCIS instructions and, where necessary, seek qualified immigration advice before filing.

USCIS guidance indicates that certain existing protections, including the cap gap provisions for eligible F 1 students participating in the H 1B process, remain unchanged.