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

Beginning September 15, the US Citizenship and Immigration Services (USCIS) will introduce revamped versions of two crucial immigration forms: I-765 and I-539. These updates apply to H-1B visa holders and their families, international students, exchange visitors, and other non-immigrant visa holders already residing in the US. Form I-765 allows individuals to apply for an Employment Authorization Document (EAD) or work permit, while Form I-539 is used to request an extension or change of status for eligible non-immigrants.

Applicants must use the new editions, dated September 15, 2026, for the forms instead of the current versions dated August 21, 2025. The older versions will no longer be accepted, and there will be no grace period for submissions using the outdated forms. USCIS recommends checking the edition date of the forms before submission to avoid rejection.

The new Form I-765 will replace the existing one, and applicants should also use the updated Form I-539 for extension or status changes. H-4 dependents of H-1B workers will particularly benefit from the new Form I-539, as they may use it to request an extension or change of their dependent status. However, H-1B workers generally do not use Form I-539 to extend or modify their own H-1B status; their employers typically file Form I-129 for this purpose.

International students and other eligible non-immigrants or applicants may also utilize Form I-765 for employment authorization, depending on their specific circumstances and visa categories. The updated forms can be previewed on the USCIS website to familiarize applicants with the changes.