U.S. Citizenship and Immigration Services (USCIS) will require new editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, beginning September 15, 2026.
The new forms will carry the edition date 09/15/26. USCIS will replace the current 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
There will be no grace period. USCIS will reject an old-edition form that is postmarked or electronically submitted on or after September 15, 2026.
Applicants, employers, human resources departments, and immigration professionals must coordinate filing schedules and form preparation carefully. A rejection can cause delays in maintaining status, extending authorized stay, or renewing employment authorization.
The Form Edition Deadline
USCIS has published preview versions of the revised forms and instructions because the transition will occur without an overlap period.
The filing-date rules are as follows:
| Form | Current edition accepted before September 15, 2026 | New edition required on or after September 15, 2026 |
|---|---|---|
| Form I-539 | 08/28/24 | 09/15/26 |
| Form I-765 | 08/21/25 | 09/15/26 |
For paper filings, USCIS will generally use the postmark date to determine which edition applies. For electronic filings, the relevant date is the date the form is electronically submitted.
USCIS has stated that it will:
- Accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before September 15, 2026.
- Reject the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted on or after September 15, 2026.
- Accept the 09/15/26 edition of Form I-539 only if it is postmarked or electronically submitted on or after September 15, 2026.
- Accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before September 15, 2026.
- Reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after September 15, 2026.
- Accept the 09/15/26 edition of Form I-765 only if it is postmarked or electronically submitted on or after September 15, 2026.
Why USCIS Is Revising These Forms
The revisions align with the DHS final rule titled 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.
The final rule affects certain:
- F-1 academic students and F-2 dependents;
- J-1 exchange visitors and J-2 dependents; and
- I nonimmigrants who are representatives of foreign information media.
The rule changes the admission and extension-of-stay framework for these categories. Certain individuals who previously relied on admission for “duration of status” will instead be subject to a fixed period of admission. Individuals who need to remain beyond the authorized period may need to request an extension of stay from USCIS.
The revised forms are intended to collect information required for USCIS to apply the new regulatory framework. The existing editions do not remain acceptable after the effective date because USCIS requires the updated information for adjudication.
What Applicants Filing Form I-539 Must Do
Form I-539 is used by certain nonimmigrants seeking to extend their stay or change to another nonimmigrant status while in the United States.
The form may apply to:
- Certain visitors and other nonimmigrants seeking an extension;
- Individuals seeking a change to another eligible nonimmigrant classification;
- F-1 and M-1 students seeking reinstatement, where permitted;
- Certain CNMI residents applying for an initial grant of status; and
- Individuals seeking V nonimmigrant status or an extension of V status.
Applicants should first determine whether Form I-539 is the correct form. USCIS requires certain employment-based classifications to use Form I-129, Petition for a Nonimmigrant Worker, rather than Form I-539.
For example, principal H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, O-2, P, Q-1, R-1, and TN workers generally do not use Form I-539 to extend or change their principal employment-based status. Their employers or petitioners may need to file Form I-129.
Eligible dependents may have different filing requirements. An H-4 dependent, for example, may use Form I-539 for an extension or change of status and may separately use Form I-765 to request employment authorization if eligible.
Applicants should complete the following steps:
- Confirm the appropriate immigration classification and form.
- Review the expiration date on the Form I-94, Arrival/Departure Record.
- Determine whether the filing will occur before or on/after September 15, 2026.
- Download the correct edition directly from the USCIS Form I-539 page.
- Confirm that every page belongs to the same edition.
- Review the revised instructions and required supporting evidence.
- Sign the form and verify the filing fee before submission.
- Retain proof of mailing, postmark, or electronic submission.
USCIS generally expects an eligible Form I-539 request to be filed before the applicant’s authorized stay expires. A rejected filing is not the same as a properly filed, pending application. If the applicant cannot correct and resubmit before the applicable deadline, the rejection may create serious status consequences.
What Applicants Filing Form I-765 Must Do
Form I-765 is used by eligible individuals seeking an Employment Authorization Document (EAD). It may be relevant to applicants in several categories, including certain:
- F-1 students seeking optional practical training or STEM OPT;
- H-4 spouses seeking employment authorization;
- Adjustment-of-status applicants;
- Asylum applicants;
- Humanitarian-based applicants;
- DACA recipients; and
- Parolees or other individuals authorized to apply for an EAD.
Applicants filing for an EAD renewal should not wait until the current card expires. USCIS generally recommends filing Form I-765 up to 180 days before expiration, subject to the rules governing the applicant’s eligibility category.
Beginning September 15, 2026, applicants must use the 09/15/26 edition of Form I-765 for filings postmarked or electronically submitted on or after that date.
Applicants should verify:
- The eligibility category entered on the form;
- Whether the filing is an initial application, renewal, or replacement;
- The required supporting documents;
- The correct filing location;
- The current filing fee; and
- Whether the applicant qualifies for any category-specific filing rule.
The USCIS Form I-765 page contains the current form, instructions, filing locations, and special instructions. Applicants should rely on the edition posted for the applicable filing date rather than an older saved copy.
Employer and HR Compliance Considerations
Employers filing immigration petitions or supporting employee benefit applications must update their internal procedures before the effective date.
This is particularly important for employers managing:
- H-1B visa 2026 extensions and dependent H-4 filings;
- EAD renewals for H-4 spouses;
- F-1 OPT and STEM OPT employees;
- Employees with pending adjustment-of-status applications;
- Humanitarian-based employment authorization; and
- Other foreign employees whose work authorization depends on Form I-765.
A company seeking a work visa for foreign employees should distinguish between the employee’s underlying nonimmigrant status and any separate EAD application. The principal H-1B worker’s employer-sponsored petition generally uses Form I-129. An eligible dependent or another applicant may use Form I-539 or Form I-765.
HR departments should take the following actions:
- Audit upcoming Form I-539 and Form I-765 filing deadlines.
- Identify filings planned for September 15, 2026, or later.
- Remove outdated forms from shared drives and case-management systems.
- Confirm that outside counsel and immigration vendors are using the correct editions.
- Establish a review step for edition dates before signature and submission.
- Track EAD expiration dates and renewal windows.
- Avoid treating a receipt notice as proof of work authorization unless the applicable law and documentation specifically provide that result.
- Complete Form I-9 verification and reverification according to current federal requirements.
Employers should not permit an employee to continue working solely because an I-765 renewal was filed. Work authorization depends on the employee’s specific eligibility category, documentation, and applicable automatic-extension rules. The employer must review the employee’s Form I-9 documentation and applicable USCIS guidance.
Do Not File the New Editions Early
USCIS has made an important instruction clear: do not file the 09/15/26 editions before September 15, 2026.
The new forms are available for preview so applicants and professionals can prepare. The preview availability does not authorize early filing.
Applicants filing before September 15 should use the editions currently accepted for that filing date:
- Form I-539 edition 08/28/24; and
- Form I-765 edition 08/21/25.
Applicants filing on or after September 15 must use the 09/15/26 editions.
The safest approach is to match the form edition to the actual mailing or electronic submission date. Filing too early with the new edition or filing too late with the old edition can result in rejection.
Recommended Action Plan
Before September 15, 2026, applicants and employers should:
- Review all pending and anticipated Form I-539 and Form I-765 filings.
- Determine whether each filing will be submitted before or after the transition date.
- Use the correct edition for the filing date.
- Review the revised USCIS instructions.
- Confirm filing fees and filing addresses immediately before submission.
- Preserve delivery or electronic filing confirmation.
- Evaluate whether the underlying status or EAD expiration creates an urgent deadline.
- Obtain legal guidance when the filing involves status violations, prior denials, complex dependents, or employment authorization concerns.
USCIS form changes can affect both individual immigration status and employer workforce planning. A filing rejection may delay an extension, create a potential gap in authorization, or require corrective action under time-sensitive conditions.
Blasingame Law LLC provides personalized guidance for employers, HR departments, foreign employees, and families navigating U.S. immigration requirements. If you need assistance with an H-1B visa 2026 matter, an EAD renewal, Form I-539, workforce compliance, or another immigration filing, contact a business immigration attorney or schedule a consultation with Blasingame Law LLC. An experienced immigration lawyer can evaluate the filing timeline, applicable form edition, supporting evidence, and compliance risks before submission.
This article provides general information based on USCIS materials available as of September 2, 2026. It does not constitute legal advice or create an attorney-client relationship.
