USCIS will roll out new immigration forms on September 15, 2026 β and H-1B families, students, and workers from India, China, and African countries are in the direct line of impact. The changes hit Form I-539 for non-immigrant status and Form I-765 for employment authorisation. File the wrong edition after the deadline and your application gets rejected. No exceptions.
Pascal Oparada is a journalist covering technology, energy, stocks, investment, and the economy for over a decade, with a sharp focus on immigration trends affecting India, China, and African nations.
The United States Citizenship and Immigration Services (USCIS) is set to introduce revised versions of two critical immigration forms from September 15, 2026. The move affects non-immigrants across the board β but H-1B families from India and China, along with international students from African countries, face the biggest practical fallout.
Applicants who submit the wrong edition after the effective date risk having their applications rejected outright. That makes checking the form edition before filing not just important β it is mandatory.
US announces a new visa rule impacting families and students from India, China, and African countries. Credit: Novatis / Source: Twitter
The changes affect Form I-539, used by eligible non-immigrants seeking to extend their stay or change status, and Form I-765, which is used to apply for employment authorisation and an Employment Authorisation Document (EAD).
USCIS Form I-765 Gets a New Edition for EAD Applicants
Form I-765 is the application used by eligible individuals to request employment authorisation in the US. USCIS will replace the current version dated August 21, 2025, with a new edition dated September 15, 2026.
Applicants submitting Form I-765 on or after September 15 must use the new edition. The existing version will remain acceptable if it is properly submitted or postmarked before the effective date.
USCIS has made it clear: there is no grace period for using the old Form I-765 after the new edition takes effect. For Indian and Chinese applicants with pending EAD applications β and for African students on OPT or STEM extensions β this is a hard deadline that cannot be ignored.
India and China H-1B Families: What You Must Know
The changes are especially relevant to H-1B families from India and China, the two largest sources of H-1B visa holders in the United States. Eligible H-4 dependents may use Form I-539 to request an extension or change of their nonimmigrant status.
However, the H-1B worker generally does not use Form I-539 to extend or change their own H-1B status. That process normally involves the employer filing Form I-129, Petition for a Nonimmigrant Worker.
H-4 spouses from India and China may also qualify for employment authorisation in certain circumstances. Where eligible, they can use Form I-765 to apply for an EAD. But here is the critical point: holding H-4 status does not automatically mean a spouse qualifies for an employment authorisation document. Eligibility depends strictly on USCIS requirements.
Students from India, China, and Africa Also Affected
Form I-765 is used by several categories of eligible applicants seeking permission to work in the US. That includes international students from India, China, and African countries on F-1 visas pursuing OPT or STEM extensions.
Form I-539 also covers several eligible non-immigrant categories beyond H-4 dependents, including individuals seeking to extend their stay or change to another eligible non-immigrant status. Because eligibility varies by immigration category, applicants from India, China, and African nations should confirm the form they are using is appropriate for their situation.
How Applicants from India, China, and Africa Can Check USCIS Edition Dates
From September 15, applicants must ensure they are using the September 15, 2026 editions of Form I-539 and Form I-765, where applicable.
The US government introduces a new visa rule for families and students from India, China, and African countries from September 15. Credit: Bloomberg/Contributor / Source: Getty Images
USCIS has made preview versions available so applicants can review the updated forms before the effective date, according to a report by Hindustan Times. This is especially useful for applicants from India and China filing from abroad, and for African applicants coordinating with family or employers in the US.
Using an outdated form can create unnecessary delays or result in rejection. Applicants should check the latest USCIS instructions and form edition immediately before filing β particularly if their immigration status, employment authorisation, or dependent status is on the line.
US Scraps Temporary Protected Status for Four African Countries
Top News earlier reported that the United States terminated Temporary Protected Status (TPS) for nationals of Somalia, South Sudan, Cameroon, and Ethiopia β another major blow to African immigrants living in the country.
The decisions form part of the Donald Trump administration’s broader review of humanitarian immigration programmes and could affect thousands of foreign nationals from African countries who previously relied on TPS to remain and work legally in the US.
According to updates published by USCIS on August 14, Somalia and South Sudan became the latest countries to lose their TPS designations. Somalia’s designation ended on August 14, while South Sudan’s ended on August 7, 2026.
Meanwhile, applicants from India and China continue to face severe backlogs in employment-based visa categories. For these communities, timely and correct form submissions are not optional β they are the difference between staying on track and falling further behind.
