International students, spouses of H-1B visa holders, and green card applicants planning to file immigration paperwork in the US face a potentially important Sept deadline, with the US Citizenship and Immigration Services (USCIS) introducing new editions of three widely used immigration forms within a span of just three days.On Sept 15, USCIS will introduce revised versions of Form I-539, used for extending or changing certain non-immigrant statuses and Form I-765, the application for employment authorisation. Three days later, on Sept 18, USCIS will introduce a revised Form I-485, the form used by eligible applicants to adjust status and obtain a green card from within the US.There is no grace period for continuing to use the old editions. USCIS has said older editions submitted after the respective deadlines will be rejected.
Sept 15: New I-539 and I-765 become mandatory
Beginning Sept 15, USCIS will require applicants to use the new editions of Form I-539 and Form I-765.For international students, the I-539 changes are particularly significant because of the elimination of the duration of status (D/S) system.Under the new mechanism taking effect Sept 15, F-1 (international students) and J-1 (exchange visitors) will move from the traditional D/S approach toward fixed periods of admission. Thus, those whose academic or exchange programs extend beyond the expiration date on their I-94 may need to seek an extension of stay through USCIS rather than relying on the previous D/S framework. The revised I-539 has been designed to accommodate these changes. This form is also used by H-4 and L-2 dependants for extending status and also by visitors who are in the US on a B visa.Form I-765 is the form used by F-1 students to apply for employment authorisation, including post-completion OPT and STEM OPT. The form is also used by numerous other categories of applicants, including H-4 EAD applicants seeking work authorisation or renewals.
Sept 18: Adjustment of status for green card applicants
On Sept 18, USCIS will introduce a revised Form I-485. According to the published guidance, the revised I-485 incorporates additional questions and documentation requirements intended to reflect the new public-charge framework and have additional questions and documentation requirements that differ from the current form.
Don’t confuse preparation date with filing date
According to immigration attorneys, the filing date is critical. USCIS guidance says applications submitted after the respective cutoff must use the new edition. So even if the form in an older version has been prepared in advance, it should not be filed after these dates – the new forms must be used to avoid rejection.
