U.S. Citizenship and Immigration Services has put applicants, employers, and legal representatives on notice:
on September 15, 2026, the agency 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.
In a departure from the agency's typical practice of allowing a transition window,
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.
Anyone who files the older version of either form on or after September 15 will have their submission rejected outright.
What's Changing — and Why
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.
On July 17, 2026, DHS published that final rule establishing a fixed time period of admission and an extension of stay procedure for F nonimmigrant academic students, J exchange visitors, and representatives of foreign information media.
The rule replaces the long-standing practice of admitting F and J nonimmigrants into the U.S. for "duration of status" (D/S) with a fixed "admit until date" (AUD).
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 framework,
DHS imposes fixed admission periods of up to four years for F-1 and J-1 nonimmigrants and up to 240 days for I nonimmigrants.
This fixed period of time is based on the length of a student's program of study listed on their Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status," not to exceed four years, plus a 30-day period for arrival and an additional 30-day period for departure.
Because these nonimmigrants will now have concrete I-94 expiration dates rather than open-ended D/S designations,
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 revised Forms I-539 and I-765 are the vehicles through which those processes will be administered.
The Filing Timeline: A Hard Cutoff
USCIS has laid out an unusually rigid filing timeline.
Unlike many USCIS form updates, there will be no grace period allowing applicants to continue using the previous editions after the change takes effect.
Here is what applicants need to know:
Before September 15, 2026:
-
USCIS will accept the existing August 28, 2024, edition of I-539 and August 21, 2025, edition of I-765 if postmarked or submitted electronically before September 15.
On or after September 15, 2026:
-
USCIS will only accept the 09/15/26 edition of Form I-539 if it is postmarked or electronically submitted on or after September 15, 2026. The agency will reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after September 15, 2026.
Before September 15 — new editions:
-
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.
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.
Applicants and attorneys can review these previews now on the agency's website to prepare — but must wait until September 15 to actually file them.
Who Is Affected
The scope of this change is broad.
Form I-539 is used by those already in the U.S. to request an extension of authorized stay or to change from one nonimmigrant status to another.
Form I-765 is used to apply for a work permit, including Optional Practical Training (OPT) and STEM OPT extensions for F-1 students.
The impact extends well beyond the F, J, and I categories directly targeted by the fixed-admission rule. Both forms are used across a wide range of nonimmigrant classifications, meaning all applicants filing either form on or after September 15 — regardless of visa category — must use the new editions.
H-4 spouses and children may use Form I-539 to extend or change their H-4 status, and certain eligible H-4 spouses may use Form I-765 to apply for an EAD.
Other categories affected include L-2 dependents, certain asylum applicants, and adjustment-of-status applicants who use the I-765 for employment authorization.
The Bigger Picture: End of Duration of Status
The form revisions are part of a sweeping regulatory change that fundamentally alters how certain nonimmigrants maintain legal status in the United States.
F students in the United States admitted with duration of status prior to September 15, 2026, can remain in the United States until the Program End Date listed on their Form I-20 or the end of their post-completion OPT or STEM OPT extension, not to exceed November 14, 2030 (four years, plus a 60-day departure period).
Students must apply for an extension of stay with USCIS if they need additional time to complete their program of study, begin a new program of study, or to engage in post-completion optional practical training (OPT) or STEM OPT.
With fixed I-94 expiration dates, F, J, and I visa holders who remain in the United States beyond their I-94 expiration without a timely filed extension of stay application will begin accruing unlawful presence.
This is a critical concern, as unlawful presence can trigger three-year and ten-year bars to reentry under the Immigration and Nationality Act.
The final rule also imposes several new substantive restrictions on F-1 students that go beyond the shift to fixed admission periods, including a first academic year lock-in — F-1 students generally must complete their first academic year at the school that issued their initial Form I-20 before transferring to another school, absent a qualifying SEVP exception.
Practical Steps for Applicants
Given the hard September 15 cutoff, here are key actions applicants and their representatives should take:
1. Review the preview forms now.
USCIS has released preview versions of the new forms and instructions in advance to help applicants, employers, educational institutions, and legal representatives prepare.
2. Check the edition date before filing.
If you are planning to file Form I-539 or Form I-765 in September, make sure to check the form edition date immediately before filing.
3. Understand the difference between rejection and denial.
If USCIS rejects a form because the wrong edition was used, that is different from denying an immigration benefit. A rejection means USCIS did not accept the filing because of the form problem — it does not mean USCIS reviewed the case and decided the applicant was ineligible.
However, a rejection can still have serious consequences, particularly for applicants with time-sensitive deadlines.
4. File early if using the current editions. Applicants who are ready to file under the current form editions should ensure their submissions are postmarked or electronically filed before September 15 to avoid rejection.
5. Monitor I-94 expiration dates.
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.
Looking Ahead
Because the rule is extensive and introduces significant changes to the way F-1 and J-1 students and scholars maintain and extend status in the United States, there are provisions that will require additional guidance and clarification from DHS, the Department of State, and USCIS.
The final rule has been classified as a major rule subject to congressional review under the Congressional Review Act, and DHS has stated it will publish an additional Federal Register document if the congressional review process changes the effective date or results in termination of the rule.
For now, the September 15 date stands, and applicants should plan accordingly. The stakes are high: filing the wrong form edition means rejection, potential missed deadlines, and — under the new fixed-admission framework — the risk of accruing unlawful presence.
ClinchLaw will continue to monitor USCIS guidance and provide updates as the September 15 implementation date approaches. If you have questions about how these changes affect your case, contact an experienced immigration attorney.