U.S. Citizenship and Immigration Services has drawn a hard line in the sand for applicants filing two of the most widely used immigration forms in the country.
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 with edition date 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.
Unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect.
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.
What's Driving the Change
The form revisions are a direct consequence of a sweeping DHS final rule published in the Federal Register on July 17, 2026.
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.
The final rule changes this framework by admitting these visa holders for a fixed period with a specific lawful status end date. In many cases, individuals in F, J, or I status will need to file an application with USCIS to extend their status to complete their activity in the U.S.
Specifically,
F-1 students and J-1 exchange visitors will be admitted for the length of their program, not to exceed four years at a time, while I visa holders will be admitted for the duration of their assignment, up to 240 days per admission period.
DHS is also reducing the post-completion grace period for F-1 students from 60 days to 30 days.
Those who stay beyond their fixed period of stay would accrue unlawful presence, potentially triggering a three-year bar from re-entry to the U.S. if they are unlawfully present for more than 180 days but less than one year, or a 10-year bar if they have been unlawfully present for one year or more.
Because Form I-539 governs extension and change of status applications, and Form I-765 governs employment authorization requests — including critical applications for Optional Practical Training (OPT) and STEM OPT —
USCIS has stated that the revised editions are necessary to properly apply the final rule, so no grace period will be offered.
The Filing Rules: A Strict Cutoff
The transition mechanics deserve close attention from every applicant preparing either form around mid-September:
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The current editions will be accepted through September 14, 2026.
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Beginning September 15, 2026, applicants must use the new 09/15/26 editions of both forms. USCIS will accept the 09/15/26 editions only if they are postmarked or electronically submitted on or after September 15, 2026.
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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.
For paper applications, the postmark determines which edition is appropriate.
By USCIS's own examples, an old-edition application postmarked September 14, 2026 will be accepted.
But the same form postmarked even one day later will be rejected outright.
Who Is Affected
The impact extends far beyond just F-1 students and J-1 scholars.
Form I-539 is used by certain nonimmigrants seeking an extension of stay or a change to another nonimmigrant status. Form I-765 is used by a much broader group of applicants seeking employment authorization in the United States.
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. 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.
For H-1B families, there is an important distinction: H-1B workers generally use Form I-129, filed by their employer, to extend or change H-1B status. H-4 spouses and children may use Form I-539 to extend or change their H-4 status. Certain eligible H-4 spouses may use Form I-765 to apply for an EAD.
If your firm works with clients in O-1A, O-1B, L-1, EB-1A, or EB-2 NIW categories, this mostly affects dependent family members and submission timelines rather than primary petitioners or underlying legal requirements.
Ongoing Litigation Adds Uncertainty
Adding a layer of complexity, the underlying DHS rule is being actively challenged in federal court.
On August 18, NAFSA: Association of International Educators and the Presidents' Alliance on Higher Education and Immigration led a coalition of associations and unions in filing a complaint and a motion for preliminary injunction
in the U.S. District Court for the District of Massachusetts.
The complaint argues that the final rule violates the Administrative Procedure Act because the Department of Homeland Security failed to adequately assess its costs and benefits, meaningfully respond to public comments, consider less burdensome alternatives, or justify the rule based on its stated objectives.
On August 25, the attorneys general of California, the District of Columbia, New York, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Nevada, North Carolina, Oregon, Vermont, Wisconsin, and Virginia filed an amicus brief in support of the lawsuit.
The preliminary injunction hearing was held as planned on September 3.
As of the NAFSA page's last update on September 9, 2026, no ruling had been issued.
Unless and until a court issues a stay, an injunction, or a vacatur, September 15, 2026 remains the operative effective date
— and the form transition remains on schedule.
Brookings estimates an enrollment decline of roughly one-third of international students in the long term, reducing the stock of overall high-skill STEM workers in the U.S. by 6.2%. International students contribute about $43 billion to the U.S. economy annually.
Practical Guidance for Applicants
Immigration attorneys and university advisors are urging applicants to take several precautionary steps:
1. Verify the edition date before filing.
USCIS prints an edition date on every form footer. It should read 09/15/26 on both forms
for filings made on or after September 15.
2. Download forms fresh from USCIS.gov.
Someone could download and prepare the current Form I-765 or Form I-539 today, but if the application is not mailed or electronically submitted until September 15 or later, that older edition will no longer be accepted. That is why checking the edition date again immediately before filing is essential.
3. Review new instructions carefully.
The revisions are tied to substantive changes in immigration procedures,
not merely cosmetic updates.
4. Update institutional templates.
Employers, schools, exchange program sponsors, students, and immigration professionals should update internal forms and filing templates before the September 15 effective date.
5. Mind the transition for OPT filers.
The U.S. government has created a temporary 6-month transition period that will allow students to avoid the additional I-539 during the initial months after the rule's effective date. As of March 18, 2027, all students filing for post-completion or STEM OPT must file an I-765 (OPT application) with an I-539 (extension of stay) when applying for OPT.
The Bottom Line
A rejected I-539 or I-765 can cost weeks of lost status time, so timing matters here.
With the September 15 deadline just days away and the underlying legal challenge still unresolved, the practical advice from every corner of the immigration bar is the same: prepare as though the rule takes effect on schedule, download the new forms directly from USCIS on or after September 15, and confirm the edition date before putting anything in the mail or clicking submit.
This article is provided for informational purposes only and does not constitute legal advice. Individuals with specific immigration questions should consult a qualified immigration attorney.