With just days remaining before one of the most significant regulatory shifts in U.S. immigration policy in decades takes effect, foreign students, exchange visitors, and their legal representatives face a critical filing deadline that demands immediate attention.
What's Changing
On September 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. 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 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.
Critically, USCIS will not provide a grace period during which applicants may continue using the previous editions. The agency will reject an application submitted on or after September 15 if it uses an earlier edition of either form.
The End of Duration of Status
The form changes are directly tied to a sweeping overhaul of how certain nonimmigrants are admitted to the United States.
On July 17, 2026, USCIS published a final rule that ends the long‑standing "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.
For decades, international students and exchange visitors studying or working in the United States have benefited from a flexible immigration rule known as "Duration of Status" (D/S). Under this system, F-1 students and J-1 exchange visitors could remain in the United States for as long as they were actively enrolled in a valid program — without worrying about a specific expiration date stamped on their I-94 arrival record.
Under the new framework,
F-1 students will be admitted for up to the length of their program as specified on Form I-20, not to exceed four years, or the end date of the approved employment authorization on the student's OPT or STEM OPT Employment Authorization Document (EAD), whichever is earlier. F-1 students will also be granted a thirty-day grace period before the program start date and a thirty-day grace period following the program end date. This represents a reduction from the prior sixty-day departure grace period.
J‑1 exchange visitors and dependents will generally be admitted for up to the length of the program listed on the Form DS‑2019, not to exceed four years, with a 30‑day grace period after the program ends.
Foreign nationals in I status (media representatives) can remain in the U.S. for the duration of their assignment, up to 240 days (or up to 90 days for PRC passport holders).
Filing Rules: A Hard Cutoff
The transition to the new form editions is unusually strict.
Beginning September 15, 2026, USCIS will require applicants to use newly revised editions of both forms. Unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect. Applicants filing on or after September 15 must therefore make sure they are using the correct 09/15/26 edition or risk having their filing rejected.
Equally important:
USCIS emphasized that applicants must not file the 09/15/26 editions before September 15, 2026. Early submissions using the new editions will not be accepted.
To help filers prepare, USCIS has released preview versions of the 09/15/26 editions of both forms, along with their instructions, in advance of the effective date.
Who Is Affected
The impact extends well beyond the F-1 student population.
F and J students and alumni use Form I-539 to extend or change their nonimmigrant status. 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.
F, J or I nonimmigrants seeking to remain in the United States beyond the Form I‑94 expiration date will either need to apply for an extension of their stay with USCIS or leave the United States and return, requesting a new admission period at the port of entry.
Transition Rules Provide Limited Relief
The rule does include a temporary cushion for certain current students.
If a student currently has D/S on their I-94 and they timely file Form I-765 for post-completion OPT or STEM OPT on or before March 18, 2027 (244 days after the rule's Federal Register publication), they do not need to file a separate Form I-539 for that OPT/STEM OPT period.
However,
the stakes for compliance are high. 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.
Ongoing Federal Litigation
The rule's implementation is contested in federal court.
A coalition of higher education organizations and unions has filed a federal lawsuit challenging the legality of the new regulation.
The complaint argues that the final rule violates the Administrative Procedure Act because DHS 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. It also alleges that DHS provided an inadequate public comment period and exceeded its statutory authority.
The preliminary injunction hearing was held as planned on September 3. The legal counsel arguing for the preliminary injunction was outstanding and the judge asked very pertinent questions of both parties.
At the hearing,
U.S. District Judge F. Dennis Saylor IV declined to rule immediately on the coalition's motion for a preliminary injunction — but left open the possibility of a temporary restraining order that would give him time to decide past September 15.
The judge reportedly said he was
"struggling to see any rational connection" between the rule and the government's stated security concerns.
On August 25, the attorneys general of twenty states and the District of Columbia filed an amicus brief in support of the lawsuit, asserting the "rule will sharply deter international students and exchange visitors from enrolling or participating in programs that they may not be permitted by DHS to complete." They warned of "severe harms on public educational institutions, academic communities, and broader local and state communities."
As of this writing, no court order has been issued blocking the rule's implementation.
Filing a lawsuit does not suspend a final rule. Unless and until a court issues a stay, an injunction, or a vacatur, September 15, 2026, remains the operative effective date and the compliance steps still apply on that timeline.
Practical Steps for Applicants
Given the stakes and the remaining uncertainty, applicants and their representatives should take concrete steps now:
- Check the form edition date printed at the bottom of every page before filing.
- Review the updated instructions carefully.
- Monitor your I-94 record.
- Contact your DSO or Responsible Officer.
- Track the litigation. While the court has not yet issued a ruling, a temporary restraining order or injunction could change the landscape at any moment.
ClinchLaw will continue to monitor this rapidly developing situation and provide updates as the September 15 deadline approaches and as the federal court issues its ruling.