“September 15 is the deadline”: US visa changes target students, H-1B dependents
This story has significance for readers across Kenya and beyond.
- USCIS will replace current editions of Form I-539 and Form I-765 from September 15, 2026, affecting non-immigrants across several categories
- H-4 dependents of H-1B workers are among those who may need to file either or both forms under the new editions
- Applicants who submit outdated form editions after the effective date risk outright rejection with no grace period offered
The United States Citizenship and Immigration Services (USCIS) has announced that two widely used immigration forms will be updated from September 15, 2026, a development that directly affects non-immigrants including H-1B dependants, international students and exchange visitors.
The two forms involved are Form I-539, which non-immigrants use to extend their stay or change their status, and Form I-765, the application for an Employment Authorization Document (EAD).
USCIS has confirmed that both forms will carry new edition dates effective September 15, replacing the versions currently in circulation.
What Changes on September 15
For Form I-765, the edition dated August 21, 2025, will be retired and replaced by the September 15, 2026 version.
Any application submitted or postmarked before the effective date using the existing edition will still be accepted. After that date, however, USCIS will not allow a transition period applicants filing with an old edition face rejection outright.
USCIS has made preview versions of both updated forms available ahead of the deadline so that applicants can familiarize themselves with the changes before they take effect.
Impact on H-1B Families and Other Non-Immigrants
The changes carry particular weight for H-4 dependents, that is, spouses and children of H-1B visa holders. H-4 dependents may use Form I-539 to request an extension or a change of non-immigrant status.
Separately, H-4 spouses who meet the relevant USCIS eligibility requirements may also file Form I-765 to obtain employment authorization, though holding H-4 status alone does not automatically confer that right.
It is worth noting that the H-1B principal worker does not use Form I-539 to extend or change their own status. That process runs through the employer, who files Form I-129, the Petition for a Nonimmigrant Worker.
International students and other non-immigrant applicants whose circumstances qualify them for employment authorization may also be affected by the Form I-765 changes. Form I-539, similarly, applies to a range of non-immigrant categories beyond H-4 dependents.
How to Avoid Rejection
Applicants are strongly advised to verify the edition date printed on any form before filing.
Given that USCIS has confirmed there will be no grace period for Form I-765, and that the same expectation applies to Form I-539, submitting an outdated form even by a single day after September 15 could result in unnecessary delays or a rejected application.
Checking the latest USCIS instructions immediately before filing is the most reliable way to confirm that the correct edition is in use, particularly for those whose immigration status, employment eligibility or dependent status is currently under review.
Somalia’s TPS Status
TUKO.co.ke had previously reported that the United States government moved to terminate Temporary Protected Status (TPS) for Somali nationals, requiring affected beneficiaries to leave the country by March 17, 2026.
The decision was announced by Homeland Security Secretary Kristi Noem in January 2026, citing changes in conditions in Somalia.
The move affected an estimated 2,400 Somali nationals who had been protected under TPS. TUKO also reported that the decision could face legal challenges before taking effect
Source: Legit.ng
Reporting originally appeared via TUKO. Read the full source for additional context.