New Delhi: A significant change in the US immigration application process is set to take effect from September 15, 2026, with the US Citizenship and Immigration Services (USCIS) introducing new versions of Form I-539 and Form I-765. The change is particularly important for foreign nationals living in the United States, including Indian students, exchange visitors and other nonimmigrants who use these forms to extend or change their immigration status or apply for employment authorisation.
USCIS has clarified that there will be no grace period for the older versions once the new forms become mandatory. Applications submitted using outdated versions on or after September 15, 2026, may be rejected. Applicants will therefore need to verify the applicable form version before submitting their applications.
Changes to Form I-539
Form I-539 is used by eligible nonimmigrants in the United States to request an extension of their authorised stay or a change from one nonimmigrant status to another. The form is commonly relevant to certain students, exchange visitors and other eligible nonimmigrant categories.
Applicants planning to file before September 15 will need to use the version applicable at the time of filing, while the new version will become mandatory from September 15, 2026. Applicants must ensure that the form accompanying their application is the correct and current version.
However, Form I-539 is not applicable to every nonimmigrant category. Eligibility depends on the applicant’s immigration status and the type of request being made. Applicants must therefore determine whether I-539 is the appropriate form before filing.
Form I-765 Also Being Updated
The second major change concerns Form I-765, which is used to apply for an Employment Authorization Document (EAD), commonly known as a work permit.
Foreign nationals who are eligible for employment authorisation generally use Form I-765 to request an EAD. From September 15, 2026, applicants will be required to use the updated version of the form. Those filing before the effective date should use the version applicable to their filing date.
USCIS has warned that outdated versions may not be accepted after the new edition becomes mandatory. Applicants should therefore check the form edition carefully before submitting an application to avoid rejection caused by the use of an obsolete version.
Why the Change Matters for Indian Applicants
The change is particularly relevant to the large number of Indian students, professionals, exchange visitors and other nonimmigrants living in the US and navigating different immigration procedures.
Those whose authorised stay is approaching its expiration date, or who need employment authorisation, should pay close attention to the applicable filing requirements. Applicants should not wait until the last moment and should verify the latest USCIS instructions before preparing and submitting their documents.
Using the correct form edition is an important part of the filing process. Even when an applicant is otherwise eligible, submitting an outdated form after the mandatory transition date can create avoidable complications.
I-539 Not Used for Several Work Visa Categories
Another important point is that not all employment-based nonimmigrant visa holders use Form I-539 to extend or change their status. For categories such as H-1B, L-1, O-1, P and TN, Form I-129 is generally used for the relevant petition process.
This distinction is important for foreign workers and employers because selecting the wrong form can lead to filing problems. Applicants should therefore identify their specific immigration category and the nature of the requested action before choosing a form.
The September 15 deadline makes the transition particularly important for foreign nationals already in the US. Indian students, exchange visitors, workers and other eligible nonimmigrants should check their immigration category, filing requirements and the latest form edition before submitting applications.
The USCIS update is intended to keep immigration forms current, but for applicants, the key issue will be compliance with the new versions. From September 15, using an outdated Form I-539 or Form I-765 could result in the application being rejected, making it essential to verify the correct edition before filing.
About the author — Suvedita Nath is a science student with a growing interest in cybercrime and digital safety. She writes on online activity, cyber threats, and technology-driven risks. Her work focuses on clarity, accuracy, and public awareness.
