US Immigration authority to H1-B visa holders, students and other visa holders: These forms will be rejected starting September 15

US Immigration authority to H1-B visa holders, students and other visa holders: These forms will be rejected starting September 15
USCIS says no grace interval will probably be out there for Type I-539 and Type I-765 change

The US Citizenship and Immigration Providers (USCIS) has introduced that two of its essential immigration varieties will probably be changed with new editions, beginning September 15. The change will probably be relevant to Type I-539, Software to Lengthen/Change Nonimmigrant Standing, and Type I-765, Software for Employment Authorization (version date for each: 09/15/26). The company additional acknowledged that from September 15, it’s going to solely settle for the 09/15/26 editions of those varieties, clarifying that functions with outdated varieties will get rejected. In its official announcement, the immigration authority stated that the revised varieties “align with the not too long ago printed Establishing a Fastened Time Interval of Admission and an Extension of Keep Process for Nonimmigrant Tutorial College students, Alternate Guests, and Representatives of Overseas Data Media ultimate rule”.“On Sept. 15, 2026, U.S. Citizenship and Immigration Providers will publish revised editions of Type I-539, Software to Lengthen/Change Nonimmigrant Standing, and Type I-765, Software for Employment Authorization (version date for each: 09/15/26),” the company stated including “The 09/15/26 editions of Type I-539 and Type I-765 exchange the 08/28/24 version of Type I-539 and the 08/21/25 version of Type I-765”.

What are Type I-539 and Type I-765

Utilized by H-1B visa holders, college students and different visa holders, the I-539 type is for immigration standing, whereas the I-765 type is for work authorization.Type I-539: Used to increase or change a nonimmigrant visa standing whereas within the US. The H-1B employee doesn’t use I-539 to increase or change H-1B standing. The employer typically information Type I-129. Nonetheless, H-1B dependents (H-4 spouses and youngsters) can use I-539 to increase or change their standing.Type I-765: Used to use for work permission, often known as an Employment Authorization Doc (EAD). An H-1B employee typically doesn’t use I-765 for his or her H-1B work authorization. Nonetheless, sure H-4 spouses could use I-765 to use for an Employment Authorization Doc (EAD), in the event that they meet the eligibility necessities.

USCIS says no grace interval for type change

Within the announcement, USCIS additional clarifies that there isn’t a grace interval for the revised editions of Type I-539 and Type I-765 as a result of the revised editions are essential for USCIS to use the ultimate rule.“As a result of there will probably be no grace interval, USCIS is offering preview variations of the 09/15/26 editions of Type I-539 and Type I-765 with their directions. Don’t file the 09/15/26 editions of those varieties earlier than Sept. 15, 2026,” the immigration company acknowledged.Right here’s what the company says“If submitting Type I-539, please be aware that USCIS will:

  • Settle for the 08/28/24 version of Type I-539 whether it is postmarked or electronically submitted earlier than Sept. 15, 2026;
  • Reject the 08/28/24 version of Type I-539 whether it is postmarked or electronically submitted on or after Sept. 15, 2026; and
  • Solely settle for the 09/15/26 version of Type I-539 whether it is postmarked or electronically submitted on or after Sept. 15, 2026.

If submitting Type I-765, please be aware that USCIS will:

  • Settle for the 08/21/25 version of Type I-765 whether it is postmarked or electronically submitted earlier than Sept. 15, 2026;
  • Reject the 08/21/25 version of Type I-765 whether it is postmarked or electronically submitted on or after Sept. 15, 2026; and
  • Solely settle for the 09/15/26 version of Type I-765 whether it is postmarked or electronically submitted on or after Sept. 15, 2026.”

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