H-1B families, international students and other nonimmigrants will face new immigration filing requirements beginning Sept. 15, when the U.S. government introduces revised forms and implements broader changes to the rules governing the length of stay for certain visa holders.
The U.S. Citizenship and Immigration Services (USCIS) will require applicants to use new editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, starting Sept. 15. USCIS has said there will be no grace period, and applications submitted using outdated editions after the deadline could be rejected.
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The changes are particularly relevant to H-4 dependents of H-1B workers who use Form I-539 to extend or change their status. Form I-765 is used by eligible nonimmigrants seeking employment authorization, including certain H-4 spouses and international students applying for work authorization.
The revised forms are tied to a broader Department of Homeland Security rule that takes effect on Sept. 15 and replaces the long-standing “duration of status” framework for F-1 students, J-1 exchange visitors and I representatives of foreign information media with fixed periods of admission.
Under the new system, F-1 and J-1 students and exchange visitors will generally be admitted for a fixed period rather than for the duration of their program. For F-1 and J-1 classifications, the maximum period under the new framework is generally four years, subject to the applicable rules and the length of the program. Students who need additional time will have to follow the new extension-of-stay process.
The rule also establishes transition provisions for people who were already maintaining F-1 or J-1 status when the new system takes effect. Their transition period may extend up to four years from the effective date, subject to the conditions outlined by DHS.
For international students, the change means immigration status will require closer attention to the authorized admission period shown on their immigration records. A program extension through a school does not, by itself, necessarily provide the same immigration authorization under the new framework. Students seeking to remain beyond their authorized period may need to file an extension-of-stay application with USCIS.
The changes come as the Trump administration continues to tighten immigration rules affecting foreign workers and international students. Indians are likely to be among the communities closely watching the changes because Indian nationals comprise a large share of both international students and H-1B workers in the United States.
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For H-1B families and students, the immediate practical issue is the Sept. 15 deadline. USCIS is warning applicants to check the edition dates of their forms before filing because outdated versions submitted after the deadline may be rejected without a transition period.
The new rules therefore create two separate but related compliance concerns: applicants using I-539 or I-765 must use the correct form editions, while F-1 and J-1 visa holders must prepare for the shift from duration-of-status admissions to fixed admission periods.