- USCIS will introduce new immigration forms on September 15, 2026, impacting non-immigrants like H-1B families
- Changes affect Form I-539 for non-immigrant status and Form I-765 for employment authorisation applications
- Applicants must check for the correct edition to avoid application rejections after the effective date
Pascal Oparada is a journalist with Legit.ng, covering technology, energy, stocks, investment, and the economy for over a decade.
The United States Citizenship and Immigration Services (USCIS) is set to introduce revised versions of two important immigration forms from September 15, 2026, affecting certain non-immigrants, including H-1B families, international students and exchange visitors.
Applicants who submit the wrong edition after the effective date risk having their applications rejected, making it important to check the form edition before filing.
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The changes affect Form I-539, used by eligible non-immigrants seeking to extend their stay or change status, and Form I-765, which is used to apply for employment authorisation and an Employment Authorisation Document (EAD).
Form I-765 gets a new edition
Form I-765 is the application used by eligible individuals to request employment authorisation in the US.
USCIS will replace the current version dated August 21, 2025, with a new edition dated September 15, 2026.
Applicants submitting Form I-765 on or after September 15 must use the new edition. The existing version will remain acceptable if it is properly submitted or postmarked before the effective date.
USCIS has indicated that there will be no grace period for using the old Form I-765 after the new edition takes effect.
This makes checking the edition date an important step before submitting an application.
What H-1B families need to know
The changes are particularly relevant to some H-1B families because eligible H-4 dependents may use Form I-539 to request an extension or change of their nonimmigrant status.
However, the H-1B worker generally does not use Form I-539 to extend or change their own H-1B status. That process normally involves the employer filing Form I-129, Petition for a Nonimmigrant Worker.
H-4 spouses may also qualify for employment authorisation in certain circumstances and, where eligible, can use Form I-765 to apply for an EAD.
It is important to note that holding H-4 status does not automatically mean a spouse qualifies for an employment authorisation document. Eligibility depends on the applicable USCIS requirements.
Students and other non-immigrants may also be affected
Form I-765 is used by several categories of eligible applicants seeking permission to work in the US.
This can include certain international students and other non-immigrants or immigration applicants whose circumstances qualify them for employment authorisation.
Form I-539 also covers several eligible non-immigrant categories beyond H-4 dependents, including individuals seeking to extend their stay or change to another eligible non-immigrant status.
Because eligibility varies by immigration category, applicants should confirm that the form they are using is appropriate for their particular situation.
Check the edition date before filing
From September 15, applicants should make sure they are using the September 15, 2026 editions of Form I-539 and Form I-765, where applicable.
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USCIS has made preview versions available so applicants can review the updated forms before the effective date, according to a report by Hindustan Times.
Using an outdated form can create unnecessary delays or result in rejection. Applicants should therefore check the latest USCIS instructions and form edition immediately before filing, particularly if their immigration status, employment authorisation or dependent status is involved.
US scraps special protection for four African countries
Legit.ng earlier reported that the United States has terminated Temporary Protected Status (TPS) for nationals of Somalia, South Sudan, Cameroon and Ethiopia, in another major development affecting African immigrants living in the country.
The latest decisions form part of the Donald Trump administration’s broader review of humanitarian immigration programmes and could affect thousands of foreign nationals who previously relied on TPS to remain and work legally in the US.
According to updates published by the US Citizenship and Immigration Services (USCIS) on August 14, Somalia and South Sudan became the latest countries to lose their TPS designations. Somalia’s designation ended on August 14, while South Sudan’s ended on August 7, 2026.
Source: Legit.ng