USCIS is replacing two nonimmigrant forms—I-765 (Application for Employment Authorization) and I-539 (Application to Extend/Change Nonimmigrant Status)—with new editions dated September 15, 2026, and will reject all older versions submitted on or after that date with no grace period. If you file employment authorization or status extension papers after September 15, you must use the new form editions or USCIS will return your application as defective. The change affects academic students (F-1 visa holders), exchange visitors (J-1 visa holders), and representatives of foreign information media seeking to extend their stay or obtain work authorization. USCIS published the alert in August 2026, giving applicants roughly six weeks to prepare or file before the cutoff if using older forms.
Table of Contents
- The Exact Timeline—Old Forms Expire, New Forms Begin
- Who Must Comply With the New Forms
- Why USCIS Changed These Forms Now
- How to Prepare Before September 15
- Frequently Asked Questions
The Exact Timeline—Old Forms Expire, New Forms Begin
The cutoff creates two hard dates with no overlap. The old I-765 edition (dated 08/21/25) is accepted only if postmarked or electronically filed before September 15, 2026. Starting September 15, USCIS will reject it entirely. The same rule applies to the old I-539 edition (dated 08/28/24)—accept before, reject after. The new 09/15/26 edition works in reverse: USCIS will reject the new form if you file it before September 15, 2026, even if you submit it early by mistake.
You can download and review preview copies now to prepare, but not file them. This creates a timing trap—rushing with a new form too early wastes time the same way delaying with an old form would.
Who Must Comply With the New Forms
The change affects nonimmigrant academic students, exchange visitors, and representatives of foreign information media seeking work authorization or status extensions. If your visa category does not fall into one of these three groups—for example, you hold an H-1B specialty occupation visa or an L-1 intracompany transfer visa—check with your immigration attorney or your school's designated school official (DSO) to confirm whether the new forms affect your application.
Academic students on F-1 visas are the largest group impacted. Exchange visitors on J-1 visas include interns, scholars, and trainees. Foreign media representatives are a smaller category but subject to the same deadline. Each of these groups uses I-765 to request employment authorization or I-539 to extend their time in the United States.
Why USCIS Changed These Forms Now
The revised forms implement a new final rule governing the admission and extension of stay procedures for academic students, exchange visitors, and foreign media representatives. The updates align the application documents with the regulatory changes, so the form questions and required documentation match the new procedures. USCIS stated that there is no grace period because the revised forms are necessary to implement the final rule correctly.
This means the form changes are not cosmetic updates—they reflect substantive changes in how USCIS processes these applications. Submitting an outdated form after the deadline will not result in a request to resubmit; USCIS will reject it outright.
How to Prepare Before September 15
If you plan to file I-765 or I-539 after September 15, 2026, use only the new edition dated 09/15/26. The forms are available now on USCIS's official form pages, so you can download, review, and gather the required supporting documents in advance. If your deadline falls before September 15, file using the old edition (I-765 dated 08/21/25 or I-539 dated 08/28/24) to avoid delays.
Confirm your filing deadline with your DSO (if you are a student), your program sponsor (if you are an exchange visitor), or your immigration attorney. The gap between now and September 15 is sufficient to file under the old forms if you need to; rushing to file the new form early will only get your application rejected.
Frequently Asked Questions
Can I file the new I-765 or I-539 form right now?
No. USCIS will reject the new form dated 09/15/26 if submitted before September 15, 2026. Download and review it now to prepare, but do not file it yet.
What happens if I accidentally file an old form on September 15?
USCIS will reject it without a grace period. You will have to resubmit using the new 09/15/26 edition and pay the filing fee again.
Do I need to notify USCIS about my old rejected application?
No. File a fresh application using the new form edition. Recheck all required supporting documents, as the new form may ask for different information.