H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- What forms are changing in September 2026? Will there be a grace period?
Certain forms are being revised and released in September 2026 by USCIS.
A new Form I-485, Application to Register Permanent Residence or Adjust Status was released on 09/18/2026. There will be NO grace period for Form I-485. Meaning the new edition of Form I-485 must be filed after September 18, 2026, no prior editions will be accepted on or after September 18, 2026. Source: https://www.uscis.gov/i-485
New Forms I-864, I-864A and I-864EZ were initially released on August 31, 2026, with no grace period. Thanks to a lawsuit filed by a DC Law Firm and AILA, USCIS has now provided a grace period to accept the 10/17/24 editions of the Forms. The prior editions of Forms I-864, I-864A and I-864EZ have a 30-day grace period. Beginning October 1, 2026, USCIS will ONLY accept the 08/24/2026 edition of Forms I-864, I-864A, and I-864EZ. Source: https://www.uscis.gov/i-864; https://www.uscis.gov/i-864a; https://www.uscis.gov/i-864ez
It is highly recommended that before filing ANY application for immigration benefits with USCIS you check the Edition Date for the Form on USCIS’ website. Source: https://www.uscis.gov/forms/all-forms
Other forms have been updated by USCIS; however, we have only provided the forms routinely used by our clients and our blog readers.
- What happened to the changes to form I-539 and I-765 based on the Duration of Status Rule? The Q&A Blog from 9/11/2026 mentioned new forms would be required beginning on 09/15/2026.
On September 14, 2026, the evening before the Department of Homeland Security (DHS) “Duration of Status” Final Rule was set to become effective, a federal district court in Massachusetts issued a preliminary injunction preventing DHS from implementing the Final Rule while litigation continues. While this court order pauses implementation of the rule it does not invalidate it. As a result, the final rule could not be implemented thus new editions of Form I-539 and Form I-765 cannot be accepted by USCIS. As such, USCIS will continue to accept the 08/28/2024 edition of Form I-539, and the 08/21/2025 edition of Form I-765 until further notice. Sources: https://www.uscis.gov/i-539 and https://www.uscis.gov/i-765.
- What was the purpose of DHS’ Duration of Status Final Rule?
The Department of Homeland Security (DHS) is intending to limit the period of time which a student may be admitted to a university program to a maximum fixed stay of 4 years or the length of the program, whichever is shorter, plus a 30-day grace period for departure from the U.S. among other changes.
Currently, international students are admitted to the United States for “duration of status,” meaning they can remain in the U.S. with no fixed end date provided they are continuing their educational or research program, or are engaging in OPT or STEM OPT.
- Are there any other forms changing in 2026? Will there be a grace period?
A new Form I-129, Petition for a Nonimmigrant Worker was released on 09/09/2026. There is a grace period, as the USCIS will continue to accept the 02/27/2026 edition of Form I-129 until November 8, 2026. Beginning, November 9, 2026, only the 09/09/2026 edition of Form I-129 will be accepted by USCIS.
Source: https://www.uscis.gov/i-129
Other forms will likely be updated by USCIS; however, we have only provided the forms routinely used by our clients and our blog readers.
- Who is subject to receiving a Notice to Appear (NTA)?
A new policy memorandum was issued by USCIS on February 28, 2025. The policy significantly expands the agency’s authority to issue Notices to Appear (NTAs) and start deportation proceedings against noncitizens when an immigrant benefit is denied. A Notice to Appear is the formal charging document that instructs a person to appear before an immigration judge. To determine who is subject to receiving a Notice to Appear, please review the policy memorandum.
Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf
- How do I find out where to file a specific form with USCIS? It seems the addresses just keep changing.
We recommend that you open a new browser window and enter USCIS.GOV in the address bar. Once on the USCIS website, look for the FORMS page and click ALL FORMS. Find the form you are intending to file from the List. Once you find the form you are intending to file, click on FORM DETAILS. Scroll down until you see WHERE TO FILE. Click WHERE TO FILE. Depending on the form it will likely give you an online option, and a by mail (paper option). If you are choosing to file by mail, scroll down until you see FILING YOUR FORM BY MAIL, and either addresses will be provided for both USPS and Courier delivery companies, or a link to another webpage will be listed allowing you to identify the specific reason/type of form you are requesting and which address to use to mail your form to USCIS.
- Can we still file for an H4 EAD?
Yes, you may still file for an H4 Employment Authorization Document (EAD), if your H-1B spouse is also the recipient of an approved I-140, Immigrant Petition for Alien Worker.
- I was terminated by my employer last week and my I-94 is still valid. This week I found a new job and the company is willing to transfer my H-1b visa to their company. When can I start working with the new employer, they are ready for me to start on October 1st?
You should not be working for anyone during your grace period. Your new employer must file an H-1B transfer/extension petition on your behalf with USCIS before you are able to begin working for a new employer.
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)?
As of 09/22/2026, the Department of Labor (DOL) was issuing certified Labor Applications for initial Form ETA 9089s filed on or before December 2025.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
- What are the current processing times for prevailing wages for Green Cards issued by the Department of Labor (DOL)?
As of 08/31/2026, the Department of Labor (DOL) was issuing final prevailing wage determinations for initial prevailing wage requests filed on or before May 2026.
You may check the DOL website for the latest information @ https://flag.dol.gov/processingtimes
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, October 9, 2026!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
Attorney Kellie Lego, 2026 Super Lawyer
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