On August 14, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it will publish revised editions of two of the most widely used immigration forms —
Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization
— with an edition date of September 15, 2026.
The forms have been revised to align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule.
The announcement arrives against a backdrop of significant legal uncertainty.
A coalition of higher education organizations and unions has filed a federal lawsuit challenging the legality of the new regulation
, and
an in-person motion hearing is scheduled for September 9, 2026, at 11:00 a.m.
— just six days before the rule takes effect.
What the Underlying Rule Changes
On July 17, 2026, DHS issued a final rule that eliminates the "duration of status" framework and imposes fixed admission periods of up to four years for F-1 and J-1 nonimmigrants and up to 240 days for I nonimmigrants.
For decades, international students and exchange visitors were admitted for "D/S" — meaning they could remain in the United States as long as they continued to comply with the terms of their status, without a hard expiration date on their Form I-94 arrival record.
Under the new rule, F-1 and J-1 students and scholars will instead be admitted until a specific date reflected on their Form I-94 arrival record. In most cases, the period of admission will be tied to the program end date on the individual's Form I-20 or DS-2019 at the time of entry, plus a 30-day grace period. The new fixed duration will be limited to no more than four years at a time.
The post-completion/post-program departure grace period for F-1 students is reduced from 60 days to 30 days.
Representatives of foreign information media (I nonimmigrants) will generally be admitted for up to 240 days, while I nonimmigrants holding passports issued by the People's Republic of China (excluding the Hong Kong SAR and Macau SAR) will generally be admitted for up to 90 days.
No Grace Period for Form Changes
Unlike most USCIS form updates, which typically allow a transition window for applicants to continue using older editions,
there is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule.
Because the new forms incorporate these regulatory changes, USCIS has stated that use of the revised editions is mandatory beginning September 15, 2026.
The filing rules are strict and date-specific:
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USCIS will accept the 08/28/24 edition of Form I-539 only if it is submitted before September 15, 2026, and will reject that edition if it is filed on or after September 15, 2026.
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USCIS will accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before September 15, 2026, but will reject it if postmarked or electronically submitted on or after that date.
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USCIS emphasized that applicants must not file the 09/15/26 editions before September 15, 2026. Early submissions using the new editions will not be accepted.
For paper applications, the postmark determines which edition is appropriate. For applications filed electronically, USCIS will use the online submission date.
To help applicants, employers, educational institutions, and legal representatives prepare, USCIS has released preview versions of the new forms and instructions in advance.
Practical Impact on Students and Employers
The implications of these changes extend well beyond paperwork.
Under the new rule, a student whose fixed admission period does not extend through the requested OPT period generally must file both Form I-765 for employment authorization and Form I-539 to extend F-1 stay. The applications may be filed concurrently. A student whose authorized admission expires at program completion generally may not begin post-completion OPT until USCIS has approved both the Form I-539 and the Form I-765.
This dual-filing requirement is a significant departure from prior practice and creates real scheduling risks for employers.
When an I-539 is required, employment generally cannot begin until both the extension of stay and the work permit are approved, which stacks two adjudications into a start date that used to depend on one.
Under the D/S framework, unlawful presence generally did not accrue absent a formal determination by USCIS or an immigration judge. With fixed I-94 expiration dates, F, J, and I visa holders who remain in the United States beyond their I-94 expiration without a timely filed extension of stay application will begin accruing unlawful presence.
This is a critical shift — accruing unlawful presence can trigger three- and ten-year bars to reentry.
The new rule takes effect with an average of 2 million foreign national admissions annually (including approximately 1.2 million F-1 academic students), making its impact large-scale.
Transition Relief for Current Students
There is some relief built into the rule for students already in the country.
Current students admitted under D/S who are in the United States when the rule takes effect, and who timely file for post-completion OPT or STEM OPT by March 18, 2027, do not need a separate extension of stay application.
Students who travel and are readmitted with a fixed-date I-94 before filing must submit both applications.
Current F-1 or J-1 students admitted under D/S who are present in the United States before September 15, 2026, may remain without applying for an Extension of Stay up to their program end date on their Form I-20 or Form DS-2019, or post-completion OPT or STEM OPT end date, but not to exceed November 14, 2030.
The Legal Challenge
A coalition of educational organizations and unions — including NAFSA, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers, and the UAW — filed a lawsuit in the federal district court of Massachusetts, alleging that the new regulation violates the Administrative Procedure Act (APA).
The case is Presidents' Alliance on Higher Education and Immigration et al. v. U.S. Department of Homeland Security et al., 1:26-cv-13799 (D. Mass., filed Aug. 18, 2026).
The coalition filed a motion for a preliminary injunction along with the complaint. The lawsuit claims that DHS failed to adequately assess the rule's costs and benefits, didn't meaningfully respond to public comments, didn't consider less burdensome alternatives, and gave the public an inadequate comment period.
Plaintiffs argue the rule is "arbitrary and capricious," warning of severe economic and academic consequences, including reduced international student enrollment, weakened university finances and a loss of talent in critical fields.
The case was assigned to District Judge F. Dennis Saylor, IV.
A federal judge in Boston hears arguments September 9 — six days before the rule takes effect.
Filing a lawsuit does not automatically suspend a federal regulation. Unless the court issues an order blocking or postponing implementation, or DHS announces another change, the rule remains scheduled to take effect on September 15.
What Applicants Should Do Now
The realistic planning posture is to continue preparing as though the rule takes effect, while tracking the docket: if relief is granted before September 15, the fixed-term admission regime is paused rather than cancelled, and the existing duration-of-status framework continues in the interim.
Organizations that regularly prepare Forms I-539 or I-765 should review the preview versions now and update internal processes before the September implementation date.
Under the new system, maintaining lawful status may require more attention to the expiration date on Form I-94 and, when necessary, timely applications to extend a person's stay.
Applicants who are planning to file either form around mid-September should pay particularly close attention to the edition date to avoid rejection. The stakes of getting this wrong are significant: a rejected filing could mean gaps in status, delayed work authorization, or the accrual of unlawful presence.
ClinchLaw will continue to monitor the federal litigation and any court orders that may affect the September 15 effective date. Applicants and institutions should consult with qualified immigration counsel for guidance specific to their circumstances.