USCIS has announced revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization), effective September 15, 2026. There is no grace period: older editions will be rejected the moment the new editions go live, requiring practitioners to act on the cutover date immediately.
What changed
On September 15, 2026, USCIS will publish the 09/15/26 editions of both Form I-539 and Form I-765. These forms replace:
- Form I-539, 08/28/24 edition
- Form I-765, 08/21/25 edition
The revisions align with USCIS’s final rule on fixed time periods of admission and extension of stay procedures for nonimmigrant academic students, exchange visitors, and representatives of foreign information media, published in July 2026.
Critical detail: USCIS is providing no grace period. The old editions will be accepted only if postmarked or e-filed before September 15; the new editions will be accepted only if postmarked or e-filed on or after September 15. Any filing received between the two dates using the wrong edition will be rejected.
Preview versions of the 09/15/26 editions (with instructions) are available now on the Form I-539 and Form I-765 webpages.
Why it matters
This is a hard stop. Unlike many form revisions, which include a grace period allowing older editions to be accepted for 30–60 days, this cutover has zero tolerance. Practitioners must:
- Know the exact date: September 15 is the boundary. A Form I-539 or I-765 postmarked September 14 using the old edition will be accepted; one postmarked September 16 using the old edition will be rejected.
- Plan around Labor Day: The September 15 cutover falls after Labor Day. If your client’s renewal is due the week before, you must file before September 15 using the old form. If it’s due the week after, you must wait for the new form.
- Update your template files immediately: Practitioners who maintain boilerplate Form I-539 and I-765 packets need to download the preview editions now, review the changes, and replace old templates before the cutover.
- Inform clients: If a client is planning an I-765 or status-extension filing for September or October 2026, alert them to the form change and confirm the timing.
The reason for the hard cutover is that the new rule requires new form fields or logic that the old editions cannot accommodate. USCIS cannot adjudicate filings under the new rule using the old form.
Way forward
- Download preview editions now from www.uscis.gov/i-539 and www.uscis.gov/i-765. Review the instructions for any material changes to eligibility, evidence, or fee requirements.
- Audit your filing calendar for August–September 2026. If you have pending I-539 or I-765 cases, confirm whether each should be filed before or after September 15, and flag any that fall near the cutover date.
- File old editions only before Sept. 15. Do not file an old-edition Form I-539 or I-765 on September 15 or later; USCIS will reject it.
- Brief your team and clients now. Send a memo to staff reminding them of the cutover and instruct clients to confirm filing dates with you before submitting any extension or employment-authorization application in September 2026.
Disclaimer
This article is informational only and does not constitute legal advice. Fola Form is a software company, not a law firm. Do not rely on this summary to make filing decisions; instead, download the preview forms and instructions directly from USCIS and consult a licensed immigration attorney to confirm compliance with all applicable rules and fees. USCIS policy can change without notice; always verify against the primary source linked above before filing.