U.S. Citizenship and Immigration Services is preparing to roll out what may be one of the most consequential form revisions in recent memory.
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), aligning both forms with the recently published final rule establishing fixed admission periods for F, J, and I nonimmigrants.
The changes are far more than cosmetic updates. They are the administrative scaffolding of a fundamental policy shift that will reshape the immigration landscape for more than a million international students, exchange visitors, and foreign media representatives currently in the United States.
What's Changing — and Why
On July 17, 2026, DHS issued a final rule that eliminates the "duration of status" (D/S) 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 more than 40 years, individuals in the F, J, and I visa categories have not been assigned a fixed expiration date for their visa status.
Under the longstanding D/S system,
most F-1 students, J-1 exchange visitors, and I foreign media representatives were admitted for Duration of Status, 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.
The final rule estimates total impact on affected parties, including universities and students, at approximately $448.6 million per year.
The New Forms: Key Details and Hard Deadlines
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.
Crucially,
there is no grace period for the revised editions because the revised editions are necessary for USCIS to apply the final rule. 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.
Beginning September 15, 2026, USCIS will require applicants to use the 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.
The filing rules are strict in both directions:
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.
Practical Implications for Applicants
The form changes carry significant practical consequences for the populations they serve.
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.
A significant consequence of the shift to fixed admission periods is the increased potential to accrue unlawful presence. Under the D/S framework, unlawful presence generally did not accrue absent a formal determination by USCIS or an immigration judge that an F, J, or I visa nonimmigrant was no longer maintaining status.
Imposing a fixed term of admission will subject these categories of nonimmigrants to an accrual of unlawful presence if they remain in the U.S. after their I-94s expire. Moreover, the new requirement to file extensions of stay with USCIS provides new opportunities for USCIS to make findings that individuals have violated their status. If such a finding is made, unlawful presence will begin to accrue as of the date of denial. F, J, and I nonimmigrants will thus be subject to a three-year bar from re-entry 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.
The final rule also reduces the F-1 post-completion grace period to 30 days, the same post-completion period that J exchange visitors currently have.
The previous grace period was 60 days.
For those already in the country,
F-1 and J-1 nonimmigrants who are properly maintaining status when the rule takes effect would transition based on their existing program or employment authorization dates, subject to a four-year maximum measured from September 15, 2026.
Federal Lawsuit Seeks to Block the Rule
Even as USCIS prepares to implement these changes, a high-profile legal challenge is underway.
On August 18, 2026, a coalition that includes NAFSA: Association of International Educators, the Presidents' Alliance on Higher Education and Immigration, the Association of Independent Colleges and Universities in Massachusetts, the American Federation of Teachers, Graduate Labor Organization AFT Local 6516, the UAW, United Auto Workers Local 2322, and The NewsGuild-CWA filed a complaint and a motion for preliminary injunction in the U.S. District Court for the District of Massachusetts.
The coalition alleges that the new regulation replacing duration of status admissions with fixed admission periods for F-1 foreign students, J-1 exchange visitors, I representatives of foreign information media, and their dependents violates the Administrative Procedure Act (APA).
The lawsuit claims that DHS failed to adequately assess the rule's costs and benefits, didn't meaningfully respond to public comments, didn't consider less burdensome alternatives, and gave the public an inadequate comment period.
A federal judge in Boston is set to hear arguments on September 9 — six days before the rule takes effect.
However,
the rule is still scheduled to take effect September 15, 2026. Filing a complaint and a motion for a preliminary injunction doesn't pause anything by itself.
In the motion requesting the injunction, the plaintiffs note that the rule is already affecting institutions and students, with colleges reporting that some international students have withdrawn their fall 2026 enrollment out of concern about the end of duration of status.
What Applicants and Institutions Should Do Now
With the September 15 deadline fast approaching and the outcome of the litigation uncertain, affected individuals and institutions should prepare for the rule to take effect as scheduled.
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.
USCIS has made preview versions of both forms and their instructions available so applicants can prepare in advance. Applicants should always check the edition date at the bottom of the Form I-539 and Form I-765 pages on the USCIS website to confirm they are using the correct edition.
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.
The September 9 hearing in Boston will be a pivotal moment. If the court grants the preliminary injunction, the rule — and the new form requirements — could be paused. If not, the September 15 effective date stands, and the new forms become mandatory with no exceptions. Either way, the stakes for the international student and exchange visitor community could hardly be higher.
ClinchLaw will continue to monitor this developing situation and provide updates as the court issues its ruling and as implementation proceeds.