The US Citizenship and Immigration Services (USCIS) will introduce revised versions of two key immigration forms from September 15. Applicants using older versions of the forms on or after that date could have their applications rejected.
The changes are relevant to H-1B visa holders and their families, international students, exchange visitors and other non-immigrant visa holders in the US.
Form I-765 will have a new version
Form I-765 is used to apply for an Employment Authorization Document (EAD), also known as a work permit. USCIS will introduce a new version dated September 15, 2026. It will replace the current version dated August 21, 2025.
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The old version will be accepted if it is submitted or postmarked before September 15. From that date, applicants must use the new version.
USCIS has said there will be no grace period for the old Form I-765.
Check the form before filing
{{/usCountry}}USCIS has said there will be no grace period for the old Form I-765.
Check the form before filing
{{/usCountry}}Applicants should check the edition date of the form before submitting it.
From September 15--
The new Form I-539 dated September 15, 2026 must be used.
The new Form I-765 dated September 15, 2026 must be used.
The old Form I-765 will no longer be accepted.
There will be no grace period for the old I-765.
USCIS has released preview copies of the new forms so applicants can see the changes in advance.
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Who needs Form I-539?
Form I-539 is generally used by eligible non-immigrants who are already in the US and want to extend their stay or change their non-immigrant status.
For H-1B families, the form is particularly relevant to H-4 dependents. An H-4 spouse or child may use Form I-539 to request an extension or change of their dependent status, subject to the applicable requirements.
An H-1B worker generally does not use Form I-539 to extend or change their own H-1B status. In such cases, the employer typically files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
Form I-539 can also be used by people in other eligible non-immigrant categories, depending on their circumstances. Applicants should check whether their particular visa category allows them to use the form before filing.
Who needs Form I-765?
Form I-765 is used to apply for employment authorisation in the US. If approved, the applicant receives an Employment Authorization Document (EAD), which serves as evidence of their permission to work.
An H-1B worker generally does not use Form I-765 for their regular H-1B employment. Their work authorisation comes through their H-1B status and the related employer petition.
Certain H-4 spouses may be eligible to apply for an EAD through Form I-765. Eligibility depends on the requirements set by USCIS, so not every H-4 spouse automatically qualifies for work authorisation.
Form I-765 is also relevant to certain international students and other eligible non-immigrants or immigration applicants whose status or circumstances allow them to seek employment authorisation. The form may be used for different types of work authorisation depending on the applicant's category.