USCIS to Require New I-539 and I-765 Forms From September 15

U.S. Citizenship and Immigration Services (USCIS) will require new editions of Form I-539 and Form I-765 for applications submitted on or after September 15, 2026. There will be no grace period for the previous editions, meaning applicants using an outdated form after the cutoff risk having their filing rejected.

The form update is being implemented alongside a separate Department of Homeland Security (DHS) rule that replaces the Duration of Status (D/S) system with fixed admission periods for affected F-1, J-1 and other nonimmigrant categories.

The two developments are connected, but they are not the same change: the USCIS announcement concerns the forms applicants must use, while the DHS rule changes the underlying admission and extension-of-stay framework.

September 15 Is the Exact Filing Cutoff

USCIS has established a hard switch for the two forms.

For paper filings, the relevant date is the USCIS postmark date. For online filings, it is the electronic submission date. USCIS will not use the date it receives or processes a mailed application to determine which edition applies.

This means September 14 is effectively the last day on which the previous editions can be filed, provided the relevant postmark or electronic submission occurs before September 15.

The reverse also applies: applicants should not submit the new 09/15/26 editions before September 15. USCIS is providing preview copies so applicants can prepare in advance, but those previews are not for early filing.

The Form Change Is Separate From the F-1/J-1 Rule Change

The USCIS form update is an administrative implementation measure.

Form I-539 is used for applications to extend or change nonimmigrant status, while Form I-765 is used to request employment authorisation, including applications relevant to F-1 students such as OPT and STEM OPT.

The separate DHS final rule is the substantive immigration-policy change. It replaces Duration of Status with fixed periods of admission and establishes a new extension-of-stay procedure for affected academic students and exchange visitors.

The two changes have the same September 15, 2026 effective date because USCIS needs the revised forms to administer the new framework, but one should not be described as the other.

New I-539 and I-765 Editions Take Effect

The new editions of both forms carry an edition date of 09/15/26.

Form I-539 replaces the 08/28/24 edition, while Form I-765 replaces the 08/21/25 edition. USCIS has specifically stated that there will be no grace period for either form.

The immediate consequence is administrative rather than a new eligibility requirement: applicants who need to file one of these forms must use the edition corresponding to their filing date.

I-539 Matters for Extensions and Changes of Status

Form I-539 is used for applications to extend or change nonimmigrant status.

The form becomes particularly relevant under the new fixed-admission framework because certain students who need to remain in the US beyond their authorised admission period may need to apply for an extension of stay.

However, the new form requirement does not mean every F-1 or J-1 student must file an I-539 on September 15.

Whether an individual needs to file depends on factors including their admission period, programme, status and the transition provisions applicable to them.

I-765 Remains Important for OPT and STEM OPT

Form I-765 is used to apply for an Employment Authorization Document (EAD), including employment authorisation associated with F-1 OPT and STEM OPT.

Students submitting an I-765 on or after September 15 must use the 09/15/26 edition, regardless of when they downloaded or began preparing their application.

The underlying eligibility rules and transition provisions for OPT and STEM OPT are separate from the form-edition requirement.

No Grace Period for Outdated Forms

The lack of a grace period makes the filing date particularly important.

An applicant who has prepared the old I-539 or I-765 but does not submit it until September 15 or later cannot rely on the old edition. USCIS will reject that outdated edition.

Likewise, applicants should not attempt to use the new 09/15/26 form before September 15. The correct edition is determined by the filing date.

For mailed applications submitted close to the cutoff, applicants should retain evidence showing the postmark date.

Universities Must Update Student Filing Guidance

The change also creates an immediate administrative task for US universities, international student offices and immigration advisers.

Institutions will need to update instructions and checklists for I-539 extensions, OPT, STEM OPT and other relevant I-765 filings before the September 15 transition.

Because an incorrect edition can result in rejection, student advisers will need to distinguish between applications filed before and after the cutoff rather than simply replacing all existing forms in advance.

What Indian Students Need to Know

The requirement applies to Indian students in the same way it applies to other applicants: the relevant factor is when and how the form is filed, not nationality.

Indian students who expect to file an I-539 or I-765 around the September 15 transition should therefore pay particular attention to the edition date and filing method.

Students approaching OPT or STEM OPT should also separately review their employment-authorisation deadlines, while students who may need an extension of stay should determine whether the new DHS admission framework requires an I-539 in their individual circumstances.

Student Action Checklist

Students planning an I-539 or I-765 filing should:

1. Check the filing date. If submitting on or after September 15, use the 09/15/26 edition.
2. Check the edition date printed on the form before signing or submitting it.
3. Do not file the new editions before September 15.
4. For paper filings, check the postmark date; for online filings, check the electronic submission date.
5. Do not assume every F-1/J-1 student needs an I-539. Determine whether an extension or change of status is actually required.
6. OPT/STEM OPT applicants should separately check I-765 filing deadlines and use the correct edition.
7. If mailing near the cutoff, retain proof of mailing/postmark.
8. Check USCIS instructions immediately before filing, as form requirements can change.

Key Dates and Form Editions

The key point for students is therefore simple: the filing date controls the form edition. The old editions are accepted only when postmarked or electronically submitted before September 15, 2026; from September 15 onward, the 09/15/26 editions are mandatory.

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