USCIS Updates Forms I-539 and I-765 for Temporary Stay Applicants

The United States Citizenship and Immigration Services (USCIS) has announced updates to two critical forms for temporary stay programs. The changes will affect thousands of applicants, particularly those looking to extend their stay or alter their visa status.

Updates to Required Documentation

Effective from September 15, USCIS will only accept the new versions of Forms I-539 and I-765. Applications submitted with older versions will be rejected. Unlike previous updates, there will not be a grace period during which both old and new forms are valid. Preview copies of the updated forms are available, but applicants should wait until mid-September to submit these versions.

Form I-539 is utilized to extend or change nonimmigrant status, and Form I-765 is used for employment authorization. These forms are significant for students, exchange visitors, and foreign media representatives on F-1, J-1, and I visas.

Purpose of the Changes

The updates are part of a new Department of Homeland Security (DHS) rule that ends the ‘Duration of Status’ system. This system allowed individuals to stay in the U.S. as long as they complied with their visa terms, without a fixed expiration date. Now, DHS is establishing a fixed admission period that will require individuals to seek extensions formally.

The DHS reports a significant increase in admissions under F, J, or I visa categories over the past decades. This change aims to standardize these visa categories with others that have a clear expiration timeline. The new system aims to enhance oversight and ensure individuals maintain lawful status through direct interaction with immigration authorities.

Implications of the Updates

Higher education institutions and immigration advocates express concern over the administrative and financial burdens these changes may introduce. More paperwork, additional filing fees, and legal costs could affect students, exchange visitors, and their families. Universities might also need more resources to assist international students and scholars through the stay extension process.

Provost Erik Luijten of Northwestern University highlighted that the policy impacts go beyond individual applicants, affecting administrative support and academic functions of universities.

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