On August 14, 2026, U.S. Citizenship and Immigration Services announced that it will release revised editions of two critical immigration forms — Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) — beginning September 15, 2026.
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.
The changes mark the administrative implementation of one of the most sweeping overhauls of the U.S. student and exchange visitor visa system in decades — and they come amid mounting legal challenges that could reshape the rule's trajectory.
What Is Changing
USCIS will publish revised editions of Form I-539 and Form I-765 (edition date for both: 09/15/26), 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 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.
F and J students and alumni use Form I-765 to apply for employment authorization, including F-1 Optional Practical Training (OPT), STEM OPT extensions, and J-2 employment authorization.
No Grace Period — A Critical Distinction
In a departure from typical USCIS practice,
unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect.
USCIS specifically states that there will be no grace period because the revised forms are necessary to implement the new fixed-period-of-admission rule.
The filing deadlines are strict and work in both directions:
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USCIS will accept the 08/28/24 edition only if it is submitted before September 15, 2026, and will reject the 08/28/24 edition if it is filed on or after September 15, 2026.
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Applicants must not file the 09/15/26 editions before September 15, 2026. Early submissions using the new editions will not be accepted.
USCIS is providing preview versions of the new forms and instructions before that date, but applicants must not file the new editions before September 15.
The Underlying Rule: Ending Duration of Status
The form updates are the administrative mechanism for a far-reaching policy change.
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, F-1 students, J-1 exchange visitors and I nonimmigrant representatives of foreign information media have generally been admitted to the United States for "duration of status" — that is, for as long as they continued to comply with the terms of their status, rather than to a fixed expiration date noted on their Form I-94.
Under the new framework,
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.
The rule also introduces several additional restrictions.
International students cannot change majors or transfer schools in their first year. It also cuts the post-graduation grace period, the time these visa holders have to leave the country, from 60 days to 30 days.
Scale of Impact
The scope of the rule is enormous.
The final rule estimates total impact on affected parties, including universities and students, at approximately $448.6 million per year. The changes will affect the more than 1 million F-1 and J-1 visa holders and their families in the United States.
International students contributed about $42.9 billion to the U.S. economy and supported more than 355,000 jobs during 2024–25.
A Brookings Institution analysis paints an even starker picture,
estimating that the new regulation will create an annual loss to the U.S. economy of up to $72–145 billion over the course of ten years.
A single EOS filing can cost a student more than $1,000, including a $470 filing fee and mandatory biometrics travel and processing costs, plus nearly $500 more in legal or third-party assistance.
Higher education institutions and immigration advocates have also raised concerns about the administrative burden and financial costs the new requirements could impose. They warn that students, exchange visitors and their families may face additional filing fees, paperwork and legal or administrative expenses, while universities and other institutions may need to devote more staff time and resources to helping affected international students and scholars navigate the extension-of-stay process.
Transition Relief for Current Students
The rule does include some provisions for those already in the United States.
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.
However,
travel abroad after the effective date will trigger conversion to the fixed-date regime. A current F or J student previously admitted for D/S who departs the United States and seeks admission after September 15, 2026, becomes subject to the fixed-date framework.
Federal Lawsuit Seeks to Block the Rule
Just days before the USCIS form announcement, a broad coalition moved to challenge the rule in court.
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).
Plaintiffs argue it 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. They contend the Department of Homeland Security's justifications, such as national security, rely on weak anecdotes and that the agency disregarded significant public comments.
When the Department of Homeland Security proposed the rule change, it received more than 20,000 public comments, many of which were from colleges and universities saying the change would cause major disruptions for their international students.
The lawsuit asks the court to stay and vacate the rule, or prevent its enforcement against the plaintiffs and their members while the case proceeds.
The court has not yet ruled on the request.
What Applicants Should Do Now
For individuals and institutions preparing filings, the message from USCIS is unambiguous: timing is everything. Those who need to file Form I-539 or Form I-765 should pay careful attention to whether their submission will be postmarked or electronically filed before or on/after September 15.
Applicants currently using the older editions must file before the deadline or wait until the new editions are available.
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.
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.
With the September 15 effective date now less than four weeks away and a federal lawsuit still pending, all affected visa holders, educational institutions, and employers should consult an experienced immigration attorney to evaluate their specific situations and filing strategies.
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This article is for informational purposes only and does not constitute legal advice. Readers should consult a qualified immigration attorney for guidance specific to their circumstances.