September is shaping up to be a watershed month for U.S. immigration filings. In a pair of announcements, U.S. Citizenship and Immigration Services (USCIS) confirmed it will release revised editions of three of its most widely used application forms — all within the span of a single week — implementing two major final rules that reshape how nonimmigrants maintain status and how green card applicants are evaluated for self-sufficiency.
On September 15, 2026, USCIS will publish revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization), aligned with the recently published final rule establishing fixed-term admissions for F, J, and I nonimmigrants.
Three days later, on September 18, USCIS will publish a revised edition of Form I-485 (Application to Register Permanent Residence or Adjust Status), updated to align with the Public Charge Ground of Inadmissibility Final Rule.
Critically,
USCIS will not provide a grace period during which applicants may continue using the previous editions, and the agency will reject any application submitted on or after the relevant date if it uses an earlier edition.
The End of Duration of Status: Forms I-539 and I-765
The I-539 and I-765 revisions are driven by a DHS final rule published on July 17, 2026, that fundamentally alters how international students, exchange visitors, and foreign media representatives are admitted to the United States.
The rule eliminates the longstanding "duration of status" (D/S) 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.
This replaces the long-standing practice of admitting F and J nonimmigrants for D/S with a fixed "admit until date" (AUD).
Under the previous framework,
most F, J, and I nonimmigrants were admitted for the duration of their academic program, exchange program, or media assignment without a fixed expiration date.
Under the new rule, F, J, and I nonimmigrants who need to remain beyond their authorized admission period must file extension of stay applications with USCIS, submit biometrics, and demonstrate continued eligibility.
A significant consequence of the shift to fixed admission periods is the increased potential to accrue unlawful presence. Under the D/S framework, unlawful presence generally did not accrue absent a formal determination by USCIS or an immigration judge.
That dynamic changes entirely under the new regime.
F and J students and alumni use Form I-539 to extend or change their nonimmigrant status, and they use Form I-765 to apply for employment authorization, including F-1 Optional Practical Training (OPT), STEM OPT extensions, and J-2 employment authorization.
Both forms have been retooled to capture the data elements required under the fixed-admission framework.
The final rule provides protections for individuals who timely file extension of stay applications: F, J, and I nonimmigrants may continue authorized activities while a timely filed application remains pending, and certain employment authorizations may be automatically extended for up to 240 days. DHS notes that the rule does not fundamentally alter OPT, STEM OPT, or CPT programs, although extension of stay may be required in conjunction with those benefits in some circumstances.
The New Public Charge Framework: Form I-485
The revised Form I-485, taking effect September 18, represents a separate but equally consequential policy shift.
DHS is rescinding the 2022 public charge ground of inadmissibility regulations, restoring broader discretion for officers to evaluate all pertinent facts.
USCIS has significantly revised the public charge section of the I-485, with most updates concentrated in Part 9, which covers public charge-related questions.
USCIS has combined two existing questions into one — instead of separately asking about cash assistance programs and long-term institutionalization, the new form asks whether the applicant has ever received any means-tested public benefit.
The new USCIS guidance makes clear the agency will consider many more public benefits when assessing public charge, including any means-tested benefit such as Medicaid, food stamps, and financial aid for college. The guidance also allows adjudicators to consider the means-tested benefits that certain family members of applicants receive, even where the applicant does not receive benefits themselves.
However,
the forthcoming guidance will indicate that the receipt of means-tested benefits before September 18, 2026, will generally not be considered
under the expanded framework, providing a degree of transitional relief.
Applications properly filed and accepted by USCIS before September 18, 2026, and still pending on that date, remain subject to the public-charge criteria under the 2022 rule.
No Grace Period: A Hard Cutoff for All Three Forms
Perhaps the most urgent detail for applicants and practitioners is the absence of any transition window.
Unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect.
For the I-539 and I-765,
the 09/15/26 editions replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
For the I-485,
the 09/18/26 edition replaces the 01/20/25 edition.
USCIS is providing preview versions of the revised forms and instructions so applicants can prepare in advance, but the new editions cannot be filed before their respective effective dates.
Practical Guidance for Applicants
The compressed timeline and hard cutoffs demand careful attention from anyone with a pending or planned filing:
- Check the edition date.
- Time your filing carefully.
- Do not file new editions early.
- Monitor employer and school obligations.
- Understand the public charge shift.
The Bigger Picture
These form revisions are not routine housekeeping. They are the operational implementation of two of the most significant immigration policy changes in recent years. The end of duration of status will affect hundreds of thousands of international students and exchange visitors, transforming their interaction with the immigration system from a relatively passive arrangement into one requiring active filing and compliance monitoring. The new public charge framework, meanwhile, broadens the lens through which every adjustment-of-status applicant's self-sufficiency is evaluated.
As one immigration commentator noted, the biggest mistake would be treating this as simply another form revision — but the second biggest mistake would be panicking and assuming that every public benefit creates an immigration problem.
Applicants and their attorneys would be well-served to use the remaining days before these deadlines to review the preview forms, assess the timing of planned filings, and ensure they are prepared for what amounts to a new chapter in U.S. immigration administration.
This article is for informational purposes only and does not constitute legal advice. If you have questions about how these changes may affect your case, please contact our office to schedule a consultation.