U.S. Citizenship and Immigration Services announced on August 14, 2026, that it will publish revised editions of two critical immigration forms on September 15 — and applicants who submit outdated versions on or after that date will have their filings rejected outright.
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, both carrying an edition date of 09/15/26.
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 marks a pivotal administrative step in one of the most significant changes to the U.S. immigration system in decades — the elimination of "duration of status" for international students and exchange visitors.
What's Changing and Why
The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
The updated forms are being issued to implement DHS's recently finalized rule replacing "Duration of Status" (D/S) with fixed admission periods for certain F, J, and I nonimmigrants.
USCIS published a final rule on July 17, 2026, that ends the longstanding "duration of status" approach for F (students), J (exchange visitors) and I (foreign media) nonimmigrants.
Instead, Forms I-94 for these nonimmigrants will now have a fixed expiration date identifying the date through which admission to the United States is valid.
The final rule 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.
Certain I nonimmigrants presenting passports issued by the People's Republic of China (PRC), excluding Hong Kong SAR and Macau SAR, remain subject to a 90-day maximum period of admission.
No Grace Period — A Hard Cutoff
Unlike some previous form revisions, USCIS is providing no overlap period in which older editions will still be accepted alongside the new ones.
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 there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions.
However, applicants must not jump the gun.
USCIS emphasized that applicants must not file the 09/15/26 editions before September 15, 2026, and early submissions using the new editions will not be accepted.
This creates a strict two-phase filing system:
- Before September 15:
- On or after September 15:
The filing date, rather than the date an applicant downloaded or completed the form, will determine whether USCIS accepts the application.
Every page in a paper application should come from the same edition, rather than combining pages saved or printed at different times.
The Bigger Picture: End of Duration of Status
The form revisions are the procedural mechanism through which USCIS will operationalize one of the most sweeping regulatory changes in recent immigration history.
Historically, most F-1 students, J-1 exchange visitors, and I foreign media representatives were admitted for Duration of Status (D/S), meaning they could remain in the United States while they continued to comply with the requirements of the applicable student program, exchange activity, or media assignment.
Under the new system, most F-1 students entering, reentering, or changing to F-1 status on or after the effective date will receive a specific I-94 admit-until date.
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 an F, J, or I visa nonimmigrant was no longer maintaining status.
Transition Rules for Current D/S Holders
Those already in the United States under duration of status are not left without a path forward — but the transition provisions carry important limitations.
Current F-1 or J-1 students admitted under D/S who are present in the United States before September 15, 2026, may remain in the United States without applying for an Extension of Stay (EOS) up to their program end date on their Form I-20 (F-1 students) or Form DS-2019 (J-1 students), or post-completion OPT end date, or STEM OPT end date, but not to exceed November 14, 2030 (four years, plus a 60-day departure period).
Critically,
travel during the transition triggers a fixed date — if an F or J nonimmigrant in this transitional group travels abroad and is readmitted after the effective date, they will receive a new Form I-94 reflecting a fixed admission date rather than D/S.
F-1 students who timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027, are not also required to file a separate EOS application
— a limited relief measure for students in the pipeline.
Practical Steps for Applicants and Stakeholders
The message from USCIS is clear: preparation must begin now. Here is what affected parties should do:
1. Review the preview forms immediately.
USCIS has released preview versions of the new forms and instructions in advance to help applicants, employers, educational institutions, and legal representatives prepare.
2. File pending applications promptly. Anyone planning to submit Form I-539 or I-765 under the current editions should ensure their filing is postmarked or electronically submitted before September 15.
3. Verify edition dates carefully.
Applicants can find an edition date at the bottom of each form page.
Using the wrong edition after the deadline could result in the application being rejected, requiring the applicant to file again and potentially causing additional delays and costs.
4. Update institutional workflows.
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.
5. Understand your transition timeline. Students currently in D/S status should consult with their Designated School Official (DSO) or immigration attorney to calculate their specific admit-until date under the transition provisions.
Congressional Review and Uncertainty
The rule has been classified as a major rule subject to congressional review. The effective date is September 15, 2026; however, at the conclusion of the congressional review, if the effective date has been changed, DHS will publish a document in the Federal Register to establish the actual effective date or to terminate the rule.
DHS says the effective date could still change because the rule is subject to congressional review and likely court challenges.
For now, however, USCIS is proceeding on the September 15 timeline, and applicants should plan accordingly.
What This Means Going Forward
Employers of F-1 workers on OPT or STEM OPT and J-1 exchange visitors should monitor I-94 expiration dates and ensure timely extension filings to avoid unlawful presence consequences.
The shift from an open-ended authorization to a fixed-date system fundamentally changes the compliance landscape for students, schools, employers, and immigration practitioners alike.
The final rule also limits the ability of both graduate and undergraduate students to change programs, and prevents foreign students who have completed a US degree from pursuing a second degree program at the same level in the United States.
With just 30 days until the September 15 effective date, the window for preparation is narrowing. Applicants and institutions are strongly encouraged to consult with qualified immigration counsel to ensure compliance with both the revised forms and the broader regulatory framework they implement.
ClinchLaw will continue to monitor this developing situation and provide updates as additional USCIS guidance is released.