On September 15, 2026, USCIS will publish new editions of Forms I-539 and I-765, eliminating the usual grace period. Applicants and practitioners must switch to the 09/15/26 editions immediately on that date, or face outright rejection. This affects students, exchange visitors, H-4 spouses seeking status extensions or work authorization, and anyone with a filing due on or after the cutoff.
What changed
USCIS will publish revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization), both dated 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.
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.
Critical: Zero grace period. There is no grace period for the revised editions because they are necessary for USCIS to apply the final rule. USCIS will reject an application submitted on or after September 15 if it uses an earlier edition of either form.
Filing windows:
- Form I-539: Accept the 09/15/26 edition only if postmarked or electronically submitted on or after Sept. 15, 2026.
- Form I-765: Accept the 08/21/25 edition if postmarked or electronically submitted before Sept. 15, 2026; reject it if postmarked or electronically submitted on or after Sept. 15, 2026; accept only the 09/15/26 edition if postmarked or electronically submitted on or after Sept. 15, 2026.
Why it matters
This affects three practitioner workflows directly.
For student visa practitioners: F and J students and alumni use Form I-539 to extend or change their nonimmigrant status, and Form I-765 to apply for employment authorization, including F-1 Optional Practical Training (OPT), STEM OPT extensions, and J-2 employment authorization. Any client filing an OPT extension, status extension, or change-of-status request on or after September 15 must use the new form or their application will be rejected.
For H-1B practitioners: Form I-539 is particularly relevant to H-4 spouses and children seeking to extend or change their dependent status. H-4 work-authorization applicants use Form I-765. If an H-4 spouse’s work permit or status extension is due Sept. 15 or later, the old forms will not be accepted.
For all filers: The new editions cannot be filed early; USCIS will reject a 09/15/26 edition postmarked or e-filed before Sept. 15, 2026, even though preview versions are already posted. Filing too early is just as costly as filing too late.
Way forward
-
Now (before Sept. 15): Review the https://www.uscis.gov forms pages for preview versions of the 09/15/26 editions. Update your form templates and filing checklists.
-
Check client deadlines. Identify any clients with I-539 or I-765 deadlines that fall on or after September 15, and confirm they will use the correct edition. If a client’s deadline is before September 15, they must use the old edition (08/28/24 for I-539, 08/21/25 for I-765).
-
Train staff on the cutoff. Mark September 15, 2026 in your system as a hard switchover date. There is no transition period.
-
For paper filings: The postmark date controls; for e-filing, the submission date controls. Plan accordingly.
Disclaimer
This article is provided by Fola Form, a software company and not a law firm. It is not legal advice. You should consult a licensed immigration attorney about your specific situation and verify all information against the official USCIS announcement and the full text of the forms and rule linked above. Immigration policy can change without notice; always check the primary source before filing.