USCIS Announces No Grace Period for Form I-539 and Form I-765 Changes

USCIS says no grace period will be available for Form I-539 and Form I-765 change

The US Citizenship and Immigration Services (USCIS) has announced that two of its important immigration forms will be replaced with new editions, starting September 15. The change will be applicable to Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26). The agency further stated that from September 15, it will only accept the 09/15/26 editions of these forms, clarifying that applications with old forms will get rejected. In its official announcement, the immigration authority said that the revised forms “align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule”. “On Sept. 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26),” the agency said adding “The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765”.

What are Form I-539 and Form I-765

Used by H-1B visa holders, students and other visa holders, the I-539 form is for immigration status, while the I-765 form is for work authorization. Form I-539: Used to extend or change a nonimmigrant visa status while in the US. The H-1B worker does not use I-539 to extend or change H-1B status. The employer generally files Form I-129. However, H-1B dependents (H-4 spouses and children) can use I-539 to extend or change their status. Form I-765: Used to apply for work permission, also known as an Employment Authorization Document (EAD). An H-1B worker generally does not use I-765 for their H-1B work authorization. However, certain H-4 spouses may use I-765 to apply for an Employment Authorization Document (EAD), if they meet the eligibility requirements.

USCIS says no grace period for form change

In the announcement, USCIS further clarifies that there is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule. “Because there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Do not file the 09/15/26 editions of these forms before Sept. 15, 2026,” the immigration agency stated. Here’s what the agency says “If filing Form I-539, please note that USCIS will:

Accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before Sept. 15, 2026;

Reject the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and

Only accept the 09/15/26 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026.

If filing Form I-765, please note that USCIS will:

Accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before Sept. 15, 2026;

Reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and

Only accept the 09/15/26 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026.