Update, September 29, 2026: A federal court postponed the rule tied to these forms on 14 September 2026, and USCIS is not accepting the 09/15/26 editions. Keep using the earlier editions listed below.
USCIS announced on 14 August 2026 that it would publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, on 15 September 2026. Both carry the edition date 09/15/26.
The revisions were tied to the DHS Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary replacing duration of status with fixed admission periods for F, J and I nonimmigrants. A federal court postponed that rule the day before it was due to take effect.
Which editions to use now
- Form I-539: the 08/28/24 edition.
- Form I-765: the 08/21/25 edition.
USCIS says on the Form I-539 and Form I-765 pages that it is following the court order, as we reported. Filing the 09/15/26 edition would result in rejection. The court order is preliminary, so confirm the accepted edition on the form page before you file.
Why this reaches more people than the student rule does
Form I-539 concerns changes and extensions of status. F and J holders would use it to request the extensions of stay that the fixed admission framework creates.
Form I-765 has a broader range of applicants. It is the employment authorization application, used by a far broader group than students: F-1 students applying for OPT and STEM OPT extensions, J-2 dependents, and Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary applicants requesting an EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary while a Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary is pending, among many others. Someone with no connection to the Duration of status (D/S)The period of stay for F, J and I nonimmigrants, who are admitted for as long as they maintain their program or activity rather than until a fixed date. It appears as D/S on Form I-94.See it in the glossary rule can still have their EAD application rejected for using an edition that was not accepted on the filing date.
Where eligible family members are included in an I-539 application, I-539A supplies the required information for each additional applicant. Form-specific instructions govern the required editions.
Where edition requirements are published
USCIS forms print the edition date at the bottom of the pages, and each form’s webpage identifies accepted editions. September brought three announced form changes within four days, and the two tied to the duration of status rule are on hold. The Form I-485 change did take effect, as we covered in our I-485 report.