The United States Citizenship and Immigration Services (USCIS) has announced significant updates to the documentation required for temporary stay programs in the U.S. These updates focus on Forms I-539 and I-765, which will see older versions rejected starting September 15. This change is part of a broader Department of Homeland Security (DHS) initiative to transition from the ‘duration of status’ system to a fixed admission period for specific groups.
Impact of the Changes
These changes affect individuals seeking to extend their stay or switch visa categories, including students, exchange visitors, and foreign media representatives on F-1, J-1, and I visas. Although H-1B applicants are not directly impacted, the changes could affect their family members who file I-539s or, in some cases, I-765s. Many H-1B recipients initially enter the U.S. as students, and their spouses often hold H-4 status.
Details of the Form Changes
USCIS is revising two forms:
- Form I-539: This form extends or alters nonimmigrant status for certain students, dependents, and visa holders.
- Form I-765: This form authorizes employment for nonimmigrants.
From September 15 onward, only new versions of these forms will be accepted. The typical grace period allowing old and new forms alongside will not apply here. USCIS has released preview copies so applicants can prepare but advises them not to use these versions before they become official in mid-September.
Reasons for the Change
The adjustments aim to establish a fixed time period for admission and implement new processes for extending stay in certain nonimmigrant categories like international students and foreign media representatives. Previously, under ‘Duration of Status,’ individuals could remain in the U.S. as long as they complied with their program’s terms.
According to DHS, there has been a sharp rise in the number of F, J, and I visa holders. Reported data shows F-status admissions increased from about 260,000 in the 1980-81 academic year to over 1.8 million in fiscal year 2024. J-status admissions also rose significantly.
Now, those entering the U.S. will face a specific admission period with an expiration date. Extensions must be formally sought with immigration authorities. DHS believes this change will align these visa categories with other nonimmigrant visas, improve oversight, and ensure those in the U.S. are maintaining lawful status.
Reactions and Concerns
Higher education institutions and immigration advocates express concern about the administrative and financial burdens these changes might impose. Additional filing fees, paperwork, and potential legal expenses could impact students, exchange visitors, and their families. Institutions may also need to allocate more resources to assist affected individuals.
Erik Luijten, provost of Northwestern University, wrote in a letter that the policy could affect not just international students and scholars but also the administrative and academic operations at universities.