USCIS is changing the editions of Form I-539 and Form I-765 starting September 15, 2026. The most important thing to remember is simple: if you file either form on or after September 15, you must use the new 09/15/26 edition. There is no grace period. 

What is changing?

Form I-539 – Application to Extend/Change Nonimmigrant Status

• Current edition: 08/28/24
• New edition: 09/15/26
• Purpose: Used by eligible nonimmigrants to extend or change their status while in the U.S.

Form I-765 – Application for Employment Authorization

• Current edition: 08/21/25
• New edition: 09/15/26
• Purpose: Used to apply for an Employment Authorization Document (EAD), or work permit.

The September 15 rule

Think of September 15 as the cut-off date.

If you file before September 15, 2026:

• You can use the current editions.
• I-539 → 08/28/24
• I-765 → 08/21/25
• The form must be postmarked or electronically submitted before September 15.

If you file on or after September 15, 2026:

• You must use the new 09/15/26 edition.
• USCIS will reject the older edition.
• There is no grace period.

This means someone filing an I-539 on September 10 can use the 08/28/24 edition. But someone filing it on September 15 or later must use the 09/15/26 edition.

Who should pay attention?

The change applies to people who use these forms, including certain students, exchange visitors, H-4 dependents and other eligible nonimmigrants.

For H-1B families, there is an important distinction:

• H-1B workers generally use Form I-129, filed by their employer, to extend or change H-1B status.
• H-4 spouses and children may use Form I-539 to extend or change their H-4 status.
• Certain eligible H-4 spouses may use Form I-765 to apply for an EAD.
• H-1B workers generally do not use I-765 for their H-1B work authorization.

The change also relates to a new USCIS final rule concerning fixed periods of admission and extension-of-stay procedures for certain academic students, exchange visitors and representatives of foreign information media.

Don’t use the new forms early

USCIS is providing preview versions of the new 09/15/26 forms and instructions before the change takes effect. However, do not file the 09/15/26 editions before September 15, 2026.

One important clarification: If USCIS rejects a form because you used the wrong edition, that is different from denying your immigration benefit. A rejection means USCIS did not accept the filing because of the form problem. It does not mean USCIS reviewed your case and decided you were ineligible. 

If you’re planning to travel to the U.S. for work, study, or to visit family, staying updated on immigration requirements is important. Indian Eagle helps travelers find and book affordable flights between India and the U.S., making it easier to plan their journey around important visa and immigration timelines.

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