USCIS Güncellemeleri

USCIS Mandates New Form I-539 and I-765 Editions Today — Old Versions Rejected Immediately With No Grace Period

Effective September 15, 2026, USCIS requires revised editions of Form I-539 and Form I-765, with older editions rejected on sight and no transition period. The changes were designed to align with the DHS rule ending Duration of Status for F and J nonimmigrants, though a federal court injunction issued just yesterday has thrown the underlying rule's implementation into uncertainty.

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Gulnar ZulfugarovaKıdemli Hukuk Analisti
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Effective today, September 15, 2026, U.S. Citizenship and Immigration Services has rolled out mandatory new editions of two of the most widely used immigration forms in the country — and applicants who fail to use the correct version will have their filings rejected without exception.

USCIS is publishing revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization (both with edition date 09/15/26), revised to align with the recently published final rule titled 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.

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.

No Grace Period: A Hard Cutoff

What makes this form transition unusual is its severity.
Beginning September 15, 2026, USCIS requires applicants to use the newly revised editions of both forms, and unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect.

While form edition updates are usually routine, this change is unusually fast.

USCIS has stated that the revised editions are necessary to properly apply the final rule, so no grace period will be offered.

The agency's filing rules are date-specific and leave no room for error:

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The current editions will be accepted through September 14, 2026.

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USCIS will reject an application submitted on or after September 15 if it uses an earlier edition of either form.

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The new editions cannot be filed early — USCIS will reject a 09/15/26 edition postmarked or e-filed before September 15, 2026, even though preview versions are already posted.

The postmark date controls paper filings, and the submission date controls online filings.

Who Is Affected

The impact of these form changes extends far beyond a narrow slice of immigration applicants.

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.

Form I-765 affects an even wider range of applicants — for example, F-1 students may use it when applying for certain forms of employment authorization, including OPT, while eligible adjustment-of-status applicants may use Form I-765 to request an Employment Authorization Document while Form I-485 is pending.

The change is especially important for international students applying for Optional Practical Training (OPT) or STEM OPT, since those applications require Form I-765.

An F-1 student preparing an OPT or STEM OPT application around the September 15 transition should double-check the edition date immediately before filing, as using an outdated edition after the cutoff could lead to rejection, potentially creating complications when an applicant is already working within a limited OPT or STEM OPT filing window.

The Underlying Rule: Duration of Status Eliminated — Then Blocked

The form revisions are inseparable from a broader policy upheaval.
On July 17, 2026, the Department of Homeland Security issued a final rule amending its regulations to change the period of admission for F, J, and I nonimmigrants from duration of status (D/S) to a fixed admission period.

Under the rule, F and J nonimmigrants would be admitted only until their program end date — not to exceed four years — plus a grace period, reflected on the Form I-94 as an "Admit Until Date" (AUD).

Those who stay beyond their fixed period would accrue unlawful presence, potentially triggering a three-year or ten-year bar from re-entry to the United States.

However, in a dramatic eleventh-hour development,
a Massachusetts federal district court yesterday postponed the effective date of the regulation, issuing a preliminary injunction that bars DHS from taking action to implement the rule for the time being, meaning these nonimmigrants will not switch from duration of status to fixed periods of admission as planned on September 15.

The court found that the plaintiffs are likely to succeed in showing that the rule is arbitrary and capricious and that allowing it to take effect would cause immediate and irreparable harm.

The complaint was filed on August 18, 2026, by a coalition of plaintiffs including NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the American Federation of Teachers, and the United Auto Workers, among others.

The court order means that, for the time being, DHS is barred from implementing the final rule and F, J, and I nonimmigrants will retain duration of status admissions, though the government is likely to quickly appeal the court decision.

Despite this injunction against the underlying D/S rule,
USCIS currently continues to require the new 09/15/26 editions of Forms I-765 and I-539 for filings postmarked or electronically submitted on or after September 15, 2026.
Applicants should not assume the court's injunction changes the form requirements — unless and until USCIS announces otherwise, the new editions are the only versions being accepted today.

Coming Next: Revised Form I-485 on September 18

The form changes don't stop here.
On September 18, 2026, USCIS will publish a revised edition of Form I-485, Application to Register Permanent Residence or Adjust Status, revised to align with the recently announced Public Charge Ground of Inadmissibility Final Rule, with the 09/18/26 edition replacing the 01/20/25 edition.

Unlike many USCIS form updates, there is no grace period.

USCIS revised Form I-485 to align with the new public charge rules taking effect on September 18, 2026, and the new public charge framework changes how USCIS evaluates whether certain applicants for adjustment of status may be inadmissible because they are likely at any time to become a public charge.

A rejection is not the same as a denial — it means USCIS returns the entire application package as if it was never filed.
For green card applicants operating on tight timelines, that distinction matters enormously.

Practical Takeaways for Applicants

The message from USCIS could not be clearer, and the stakes are high:

1. Verify your form edition immediately before filing.
People planning to submit either form near the transition should download a fresh copy from the USCIS website shortly before filing, as previously saved forms may become unusable overnight when the new editions take effect.

2. Do not file new editions early.
Applicants should not file the 09/15/26 editions before September 15, 2026, as USCIS will not accept them ahead of that date.

3. Monitor the litigation. The federal court injunction blocking the underlying D/S rule does not necessarily exempt applicants from using the new form editions. Applicants should check USCIS.gov for any updated guidance before filing.

4. Watch for the I-485 transition on September 18.
Applicants planning to file Form I-485 around this transition should confirm the correct edition date before submission and review the preview version and instructions for the 09/18/26 edition in advance, since the update may include new questions tied to the public charge determination.

5. Consult an immigration attorney. With three major form transitions and two new final rules converging in a single week — coupled with active federal litigation — the margin for error is razor-thin.

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This article is for informational purposes only and does not constitute legal advice. Applicants should consult qualified immigration counsel for guidance specific to their situation.

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Gulnar Zulfugarova

Kıdemli Hukuk Analisti

Gulnar Zulfugarova, ClinchLaw Göçmenlik Haberleri'ne derin bir hukuki uzmanlık kazandırmaktadır. İstihdam temelli göçmenlik ve vize politikası konusunda uzmanlaşan Zulfugarova, ABD genelinde göçmenleri ve işverenleri etkileyen USCIS güncellemeleri, mahkeme kararları ve düzenleyici değişikliklerin derinlemesine analizini sunmaktadır.

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