USCIS will publish new editions of Form I-765 and Form I-539 on Sept. 15, 2026. There is no grace period: the agency says it will reject the older 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539 if they are postmarked or submitted electronically on or after Sept. 15, 2026.
USCIS announced the change on Aug. 14, 2026. The new editions arrive the same day the DHS rule ending duration of status for F-1, J-1, and I nonimmigrants takes effect. Here is how the filing windows work and why there is no grace period.
Key Takeaways
- What changed? USCIS is publishing revised editions of Form I-765 (Application for Employment Authorization) and Form I-539 (Application to Extend/Change Nonimmigrant Status), both with edition date 09/15/26.
- When? Sept. 15, 2026. USCIS rejects old editions postmarked or e-filed on or after that date, and accepts the new editions only on or after that date.
- Why no grace period? USCIS says the revised forms are necessary to apply the new fixed time period of admission rule for F, J, and I nonimmigrants, which takes effect the same day.
- Important: The new editions can NOT 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 this fall? Ellis attorneys track edition dates and deadlines on every case they handle. Start here →
What did USCIS announce on Aug. 14, 2026?
USCIS announced that revised editions of Form I-539 and Form I-765 will publish on Sept. 15, 2026. The 09/15/26 editions replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
The agency says the revised editions are necessary to apply a new DHS regulation, so the switch happens in a single day. While form edition updates are usually routine, this change is unusually fast.
The postmark date controls paper filings, and the submission date controls online filings. By USCIS's own examples, an old-edition application postmarked Sept. 14, 2026 will be accepted. The same application postmarked one day later will be rejected.
Which I-765 and I-539 editions will USCIS accept, and when?
Each edition is valid on only one side of the cutoff. There is no window where USCIS accepts both.
A rejection is not a denial. USCIS returns a rejected application without reviewing it, and under the agency's refund policy, fees may be refunded when a filing is rejected. A rejected application still loses its place in line, which is extra important for someone filing near a work authorization expiration or the end of an authorized stay. Current USCIS processing times already run long for both forms.
Filing fees for both forms vary by category and filing method, and several recently added statutory fees are being challenged in court. The USCIS fee schedule (Form G-1055) is the controlling source for the amount due on any given filing date.
Why is there no grace period for the new editions?
The revised forms reflect the new DHS final rule published on July 17, 2026, called Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure. It takes effect Sept. 15, 2026, the same day as the new form editions.
The rule ends duration of status, known as D/S, for three groups: F-1 academic students, J-1 exchange visitors, and I representatives of foreign information media. Under D/S, people in these categories were admitted for as long as their program or assignment lasted, with no fixed end date on the I-94 record. The new rule gives them fixed admission periods instead: generally up to four years for F and J nonimmigrants, and generally up to 240 days for I nonimmigrants.
The older form editions have no fields for these new admission periods and extension requests, which is why USCIS says there is no grace period.
How do fixed admission periods affect extensions and work permits?
Extensions
A fixed end date means a longer stay requires an extension. F, J, and I nonimmigrants who need more time will request an extension of stay on Form I-539, the same form other nonimmigrant categories already use to extend or change status. For students, DHS has said extensions will generally require a compelling academic reason, a documented medical condition, or circumstances beyond the student's control.
The rule does not end anyone's status on Sept. 15. Under its transition provisions, people admitted under D/S may generally remain until their program end date or four years from the rule's effective date, whichever comes first.
There can be exceptions with travel. Reentering the United States after the effective date generally converts a D/S admission into a fixed-date I-94, so the end date on a traveler's I-94 record can change with a trip.
Work Permits
F-1 students applying for OPT or STEM OPT use Form I-765 to request an employment authorization document, or EAD. The rule includes transition relief for students, described in DHS guidance:
- Current students admitted under D/S who are in the United States when the rule takes effect, and who timely file for post-completion OPT or STEM OPT by March 18, 2027, do not need a separate extension of stay application.
- Students who travel and are readmitted with a fixed-date I-94 before filing must submit both applications.
Once USCIS approves an I-765, the agency says the EAD card is typically produced within about two weeks.
What is different on the 09/15/26 editions?
USCIS has posted preview versions of the 09/15/26 editions of both forms, with instructions, on the Form I-539 and Form I-765 pages. USCIS has said it will accept the 09/15/26 editions only if they are postmarked or submitted electronically on or after Sept. 15, 2026.
Every USCIS form shows its edition date at the bottom of each page, and each form's webpage lists the edition currently accepted. An edition mismatch is a common reason USCIS rejects otherwise complete applications, in any season.
Form I-539 filings that include a spouse or children also include Form I-539A, a supplement for each additional household member applying together. The I-539A is filed with the main Form I-539, so the same edition rules apply to the entire package.
How Ellis can help
Ellis attorneys prepare I-765 and I-539 filings on the correct edition, submit them in the right window, and track every case from filing to decision in one place. Schedule a free consult →
This article is for general informational purposes only and is not legal advice.
