Two commonly used , one used by eligible foreign nationals to extend or change their temporary immigration status and another used to apply for permission to work, are set to change from September 15, 2026. The US Citizenship and Immigration Services (USCIS) will introduce new editions of Form I-539 and Form I-765, with no grace period for applicants using the older versions.
Form I-539 is used by certain nonimmigrants already in the US who want to extend their stay or change to another eligible temporary status. Form I-765, meanwhile, is used by eligible foreign nationals to apply for an Employment Authorization Document (), which provides employment authorisation in the US.
The US Citizenship and Immigration Services () will introduce revised editions of two key immigration forms from September 15, 2026, and applicants will not get a grace period to continue using the older versions.
USCIS will publish new editions of Form I-539 and Form I-765. These will carry an edition date of September 15, 2026.
The changes are intended to align the forms with a recently published final rule establishing fixed periods of admission and procedures for extensions of stay for certain nonimmigrant academic students, exchange visitors and representatives of foreign information media.
What applicants should know
For applicants filing Form I-539, USCIS will accept the existing August 28, 2024 edition if it is postmarked or electronically submitted before September 15. However, the agency will reject that edition if it is submitted on or after September 15. From that date, only the new September 15, 2026 edition will be accepted.
The same deadline applies to Form I-765. USCIS will accept the August 21, 2025 edition if it is postmarked or electronically submitted before September 15. Applications using that edition on or after the deadline will be rejected, and only the September 15, 2026 edition will be accepted.
USCIS has released preview versions of both revised forms and their instructions ahead of the change. However, applicants have been specifically advised not to file the September 15 editions before September 15, as the agency will accept them only when they are postmarked or electronically submitted on or after that date.
What it means for Indians
The change could be particularly relevant to Indian nationals in the US who use either form, including eligible students, exchange visitors and other nonimmigrants seeking to extend or change their status. Form I-539 is used by certain nonimmigrants seeking an extension of stay or change of status, while Form I-765 is used by eligible foreign nationals seeking an Employment Authorization Document, commonly known as an EAD.
However, not every immigration applicant can use Form I-539. USCIS says requests for an extension of stay in, or change of status to, several employment-based classifications must be filed through Form I-129, rather than I-539. These include principal applicants in categories such as H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P, Q-1, R-1 and TN.
A warning by USCIS
Applicants therefore need to ensure they are using the correct form as well as the correct edition. USCIS warns that filing a request on the wrong form can result in rejection or denial and that filing fees will not be refunded if a case is denied.
For Indian students and other eligible applicants preparing an I-539 or I-765 filing around the September 15 deadline, the edition date will be particularly important. An applicant submitting an old version after the deadline risks rejection, while submitting the new version before September 15 will also not be accepted.
