USCIS will stop accepting the old I-765 Employment Authorization Form (dated 08/21/25) starting September 15, 2026, requiring applicants to use the new 09/15/26 edition instead. This deadline coincides with a sweeping change to how the U.S. handles work authorization and legal status for F-1 students, J-1 exchange visitors, and holders of I visas (foreign news media representatives).
The shift ends a decades-old system called Duration of Status, which allowed these nonimmigrants to remain lawfully for as long as their studies or authorized work continued. Under the new rule—published in the Federal Register in July 2026—everyone in these categories must now apply for and receive periodic extensions of stay from USCIS rather than staying indefinitely under their original admission. The form change is how USCIS will enforce the new timeline.
Table of Contents
- The form deadline and what's changing
- Who is affected by this change
- What Duration of Status meant and why it's ending
- What you need to do before September 15, 2026
- Congressional review and potential changes
- Frequently Asked Questions
The form deadline and what's changing
On september 15, 2026, USCIS will reject all I-765 editions dated 08/21/25 or earlier if postmarked or electronically submitted on or after that date, according to an official USCIS alert. Only the new 09/15/26 edition will be accepted from that point forward.
There is no grace period: submissions with the old form will be rejected outright, not accepted and corrected later. The deadline is tied to a major overhaul of nonimmigrant admission rules. The Federal Register published a final rule on July 17, 2026, that replaces Duration of Status (D/S) with fixed-time-period admissions for F-1 students, J-1 exchange visitors, and I visa holders. This rule is classified as a major rule subject to congressional review; Congress can act to terminate it, but the September 15 effective date is currently scheduled to stand as written.
Who is affected by this change
This change affects three specific visa categories: If you hold one of these visas and have employment authorization through Form I-765, or plan to apply for it, you must use the new 09/15/26 edition for any application submitted on or after September 15, 2026. The old form will be rejected. Preview versions of both the new I-765 and the related Form I-539 (Application to Extend/Change Nonimmigrant Status) are already available on the USCIS website to allow applicants to prepare.
- F-1 students (and their dependents on F-2 visas)
- J-1 exchange visitors, including researchers and au pairs (and their dependents on J-2 visas)
- I visa holders (foreign information media representatives)
What Duration of Status meant and why it's ending
Until now, F-1, J-1, and I nonimmigrants could remain lawfully in the United States for the duration of their studies, research, work, or authorized employment—potentially years without a fixed end date. There was no need to file periodic extension applications with USCIS; your status was defined by your I-20, DS-2019, or other authorization document, and it lasted as long as your authorized activity did.
That model is ending. Under the new rule, F-1, J-1, and I nonimmigrants who wish to remain in the United States beyond their fixed authorization period must now file Form I-539 with USCIS, replacing the prior unlimited-duration model. This means that instead of simply maintaining your status through your school or authorized employment, you will need to apply for and receive explicit approval from USCIS for each extension of stay. Timing these applications correctly is now critical: if your authorization period ends before your extension is approved, you fall out of status.
What you need to do before September 15, 2026
If you currently hold an I-765 based on an F-1, J-1, or I visa, or you plan to apply for one: The form change itself does not affect whether you are approved for employment authorization. It is a procedural requirement to enforce the new admission and extension timeline.
- **If you're applying before September 15:** Use the old 08/21/25 I-765 form. USCIS will accept it if your application is postmarked or electronically submitted before that date.
- **If you're applying on or after September 15:** You must use the new 09/15/26 I-765 form. The old form will be rejected with no opportunity to resubmit.
- **If you're in status:** Review your current I-20 or DS-2019 to see your authorization period. Once the new rule takes effect, you cannot simply remain on your old document indefinitely; you will need to plan for an I-539 extension before your current authorization expires.
- **Preview the new form now:** Both forms are available on the USCIS website to review, so you can identify any new fields or information you'll need to gather.
Congressional review and potential changes
Because this rule is classified as a major rule, Congress can act to halt or terminate it under the Congressional Review Act. If Congress votes to disapprove the rule, DHS will publish a Federal Register document stating whether the September 15 effective date stands or the rule is terminated. As of early September 2026, no such action has been announced, and the effective date remains in place. Monitor the Federal Register or USCIS website for any updates if this changes before or after the deadline.
Frequently Asked Questions
Can I use the old I-765 form if I mail it on September 14?
Yes. USCIS will accept the 08/21/25 edition if it is postmarked before September 15, 2026, or submitted electronically before that date. The cutoff is the postmark or submission date, not the receipt date.
Does the form change affect whether I'll be approved for work authorization?
No. The new form is a procedural requirement to enforce the new admission timeline. Eligibility rules for work authorization do not change with the form edition.
What happens if I submit the old form after September 15?
USCIS will reject it. There is no grace period. You will need to resubmit using the new 09/15/26 edition, which delays processing.
Do I need to do anything now if I'm already on an I-765?
Review your I-20 or DS-2019 to confirm your current authorization period. Plan ahead to file Form I-539 before your current authorization expires, because you can no longer rely on Duration of Status to keep you lawfully in the country.