US visa rules change from September 15: What H-1B holders, students need to know

The US Citizenship and Immigration Providers (USCIS) will introduce revised variations of two key immigration kinds from September 15. Candidates utilizing older variations of the kinds on or after that date might have their purposes rejected.

H-1B dependents, including eligible H-4 spouses and children, may use Form I-539 when seeking to extend or change their dependent status. (Representative)
H-1B dependents, together with eligible H-4 spouses and kids, could use Kind I-539 when looking for to increase or change their dependent standing. (Consultant)

The adjustments are related to H-1B visa holders and their households, worldwide college students, alternate guests and different non-immigrant visa holders within the US.

Kind I-765 could have a brand new model

Kind I-765 is used to use for an Employment Authorization Doc (EAD), also referred to as a piece allow. USCIS will introduce a brand new model dated September 15, 2026. It should substitute the present model dated August 21, 2025.

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The outdated model will probably be accepted whether it is submitted or postmarked earlier than September 15. From that date, candidates should use the brand new model.

USCIS has stated there will probably be no grace interval for the outdated Kind I-765.

Examine the shape earlier than submitting

Candidates ought to verify the version date of the shape earlier than submitting it.

From September 15–

The brand new Kind I-539 dated September 15, 2026 have to be used.

The brand new Kind I-765 dated September 15, 2026 have to be used.

The outdated Kind I-765 will now not be accepted.

There will probably be no grace interval for the outdated I-765.

USCIS has launched preview copies of the brand new kinds so candidates can see the adjustments prematurely.

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Who wants Kind I-539?

Kind I-539 is usually utilized by eligible non-immigrants who’re already within the US and wish to prolong their keep or change their non-immigrant standing.

For H-1B households, the shape is especially related to H-4 dependents. An H-4 partner or baby could use Kind I-539 to request an extension or change of their dependent standing, topic to the relevant necessities.

An H-1B employee typically doesn’t use Kind I-539 to increase or change their very own H-1B standing. In such instances, the employer sometimes information Kind I-129, Petition for a Nonimmigrant Employee, with USCIS.

Kind I-539 may also be utilized by folks in different eligible non-immigrant classes, relying on their circumstances. Candidates ought to verify whether or not their specific visa class permits them to make use of the shape earlier than submitting.

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Who wants Kind I-765?

Kind I-765 is used to use for employment authorisation within the US. If accepted, the applicant receives an Employment Authorization Doc (EAD), which serves as proof of their permission to work.

An H-1B employee typically doesn’t use Kind I-765 for his or her common H-1B employment. Their work authorisation comes via their H-1B standing and the associated employer petition.

Sure H-4 spouses could also be eligible to use for an EAD via Kind I-765. Eligibility relies on the necessities set by USCIS, so not each H-4 partner routinely qualifies for work authorisation.

Kind I-765 can be related to sure worldwide college students and different eligible non-immigrants or immigration candidates whose standing or circumstances permit them to hunt employment authorisation. The shape could also be used for several types of work authorisation relying on the applicant’s class.

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