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USCIS to Reject Older I-539 and I-765 Forms Starting September 15: No Grace Period Given
U.S. Citizenship and Immigration Services (USCIS) has announced that it will roll out revised editions of two of its most heavily filed forms: Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, on September 15, 2026. Unlike previous form updates, this transition comes with a hard cutoff: USCIS says there will be no grace period. In other words, applicants who submit the wrong version on or after that date risk having their filings rejected outright.
Both new editions will carry the edition date "09/15/26." According to the agency's newsroom alert, 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." That underlying rule, published by the Department of Homeland Security in the Federal Register on July 17, 2026, is the real story behind the paperwork change.
As always, our EB-1A consultants have analysed this important news in detail and addressed the nuances every applicant needs to know.
The bigger change: The end of "Duration of Status"
Previously, the F-1 international students, J-1 exchange visitors, and I nonimmigrants (representatives of foreign media) were admitted to the United States for "Duration of Status," or D/S. It is an open-ended arrangement tied simply to how long they remained enrolled in their approved program. Under the new DHS rule, that flexibility disappears. Beginning September 15, 2026, these nonimmigrants will instead be admitted for a fixed period tied to the end date on their Form I-20 or DS-2019, which is capped at four years, along with a 30-day grace period for departure. The nonimmigrants will generally be admitted for up to 240 days with certain exceptions.
Anyone needing more time than their fixed admission period allows will have two options:
- Leave the country and re-enter to receive a fresh admission date, or
- File a formal Extension of Stay request with USCIS using Form I-539 before the current period lapses.
That formal EOS process is new. Under D/S, most students never had to file anything with USCIS just to keep studying past an original end date. Under the fixed-period system, missing that filing deadline means the clock starts running toward unaccrued lawful presence, i.e., now, 180 days of overstay triggers a three-year reentry bar, and a full year could trigger a ten-year bar.
DHS has built in transition protections for people already in the U.S. under D/S as of the effective date. They generally will not need a corrected I-94 immediately and can remain until their program end date or four years from the rule's effective date, whichever comes first. The only exception is if they travel abroad and are readmitted, which would trigger a new fixed-date I-94.
What changes on the forms themselves
USCIS has posted preview versions of the revised I-539 and I-765 forms and instructions on its website, but has been explicit that applicants must not jump the gun. "Do not file the 09/15/26 editions of these forms before Sept. 15, 2026," the agency states, warning that early submissions of the new editions will not be accepted either.
The rejection rules cut both ways and hinge entirely on timing, not on when an application is decided:
- Form I-539: The current 08/28/24 edition will be accepted if postmarked or submitted electronically before September 15, 2026, and rejected if submitted on or after that date. The new 09/15/26 edition will only be accepted starting September 15, 2026.
- Form I-765: The current 08/21/25 edition follows the identical pattern: accepted only before September 15, rejected on or after; with the new 09/15/26 edition taking over exclusively from that date forward.
Immigration attorneys are urging filers not to wait until the deadline to check their paperwork. Ana Gabriela Urizar, an immigration attorney who has advised on prior USCIS form transitions, has previously cautioned applicants to scrutinize the fine print on any government form before mailing it. "Before you or your legal representative sends in Form I-765, check the edition date at the bottom of each page," she has advised and added that filers should confirm it matches whatever edition date USCIS lists on the relevant form webpage at the time of filing.
Who should be paying attention
While the form change technically applies to anyone filing I-539 or I-765, the practical impact will be felt most by international students on F-1 visas, J-1 exchange visitors, foreign media representatives on I visas, and the university international offices, employers, and immigration attorneys who prepare these filings on their behalf. Because F-1 post-completion OPT and STEM OPT applicants file Form I-765, and because many students nearing a program end date will now need to file Form I-539 for an extension for the first time in their academic careers, USCIS and university offices are advising early review of the preview forms and internal filing procedures well before the September deadline.
USCIS has not indicated any plans to extend or soften the September 15 cutoff, and because the underlying DHS rule has been classified as a "major rule" subject to congressional review, some uncertainty remains about whether litigation or legislative action could still affect the effective date. For now, however, the agency's guidance is unambiguous: use the current edition until September 14, and only the new edition from September 15 onward.
GCEB1's EB-1A experts are constantly staying updated on all the latest U.S. immigration policies. Stay tuned to us to read detailed analysis and insights about these policies.
Frequently asked questions
1. What exactly is changing on September 15, 2026?
USCIS will begin requiring new "09/15/26" editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization). Older editions submitted on or after that date will be rejected.
2. Is there any grace period to use the old forms after September 15?
No. USCIS has explicitly stated there is no grace period. The cutoff is based on the postmark date for paper filings or the submission date for electronic filings, not on when USCIS actually opens or reviews the application.
3. Can I file the new 09/15/26 edition early, before the official date?
No. USCIS has warned that early submissions of the new editions will not be accepted before September 15, 2026. Filers must use the current editions until that date.
4. Why are these two specific forms being revised?
The changes align with a DHS final rule, published July 17, 2026, that replaces "Duration of Status" for F, J, and I nonimmigrants with a fixed admission period. Form I-539 is central to the new formal Extension of Stay process this rule creates.
5. What is "Duration of Status" and why is it ending?
D/S allowed F-1 students, J-1 exchange visitors, and I nonimmigrants to stay in the U.S. for as long as they maintained their program, without a fixed end date. Starting September 15, 2026, DHS is replacing D/S with a fixed "Admit Until Date" tied to the program end date on the I-20 or DS-2019, capped at four years.
6. What happens if I'm already in the U.S. under D/S when the rule takes effect?
Transition provisions generally allow current F-1 and J-1 nonimmigrants admitted under D/S to remain until their program end date or four years after the rule's effective date, whichever comes first, without needing an immediately corrected I-94; unless they travel internationally and are readmitted after September 15, 2026.
7. What happens if my I-539 or I-765 is rejected for using the wrong edition?
A rejected application must be refiled using the correct edition. This can be costly if a nonimmigrant's current status or work authorization is close to expiring, since the delay could result in a lapse in status or authorized stay.
8. Where can I find the new form editions before they officially launch?
USCIS has posted preview versions of both the revised Form I-539 and Form I-765, along with their instructions, on the respective form pages of uscis.gov. Applicants should reference these strictly for preparation, not for early filing.
9. Who is most affected by this change?
International students on F-1 visas, J-1 exchange visitors, I visa holders (foreign media representatives), and the schools, employers, and attorneys who file on their behalf will feel the most direct impact: particularly students who will need to file a formal I-539 extension request for the first time under the new fixed-period system.
Sources & further readings
- U.S. Citizenship and Immigration Services. "USCIS to Publish New Editions of Form I-539 and Form I-765; Older Editions Will Be Rejected Starting Sept. 15." U.S. Department of Homeland Security. Accessed August 15, 2026. uscis.gov.
- U.S. Citizenship and Immigration Services. "Forms Updates." U.S. Department of Homeland Security. Accessed August 15, 2026. uscis.gov.
- U.S. Citizenship and Immigration Services. "Form I-539, Application to Extend/Change Nonimmigrant Status." U.S. Department of Homeland Security. Accessed August 15, 2026. uscis.gov.
- U.S. Citizenship and Immigration Services. "Form I-765, Application for Employment Authorization." U.S. Department of Homeland Security. Accessed August 15, 2026. uscis.gov.
- Economic Times. "US to Change Key Immigration Forms from September 15, No Grace Period for Older Versions: What Indian Applicants Need to Know." August 15, 2026. economictimes.com.
- Fragomen, Del Rey, Bernsen & Loewy LLP. "United States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know." July 2026. fragomen.com.
- Duane Morris LLP. "DHS Eliminates 'Duration of Status' for F, J and I Nonimmigrants, Fixed Admission Periods and New Extension-of-Stay Rules Take Effect September 15, 2026." July 22, 2026. duanemorris.com.
- Cornell University International Services. "FAQ on Rule Ending D/S." Cornell University. Accessed August 15, 2026. cornell.edu.
- Cornell University International Services. "Rule Ending D/S: Current Analysis." Cornell University. Accessed August 15, 2026. cornell.edu.
- University of Oregon. "Elimination of Duration of Status." Office of International Student and Scholar Services. Accessed August 15, 2026. uoregon.edu.
