D/S Rule Paused, Public Charge Rule in Effect: Which USCIS Form Editions to Use
Updated: 20 hours ago
Two immigration rules scheduled to take effect days apart in September 2026 have taken different paths. A federal court paused the rule that would have ended Duration of Status (D/S), while the new public charge rule took effect on September 18.
For anyone filing soon, the immediate question is practical: which USCIS form editions will USCIS accept?
USCIS Form Editions for Current Filings
Form | Edition to use | Edition not currently accepted |
|---|---|---|
Form I-765, Application for Employment Authorization | 08/21/25 | 09/15/26 |
Form I-539, Application to Extend/Change Nonimmigrant Status | 08/28/24 | 09/15/26 |
Form I-485, Application to Register Permanent Residence or Adjust Status | 09/18/26 for forms postmarked or electronically submitted on or after September 18 | 01/20/25 and 09/04/26 for filings on or after September 18 |
USCIS can update form instructions again. Check each form’s official page immediately before submitting an application.
Why the D/S Forms Did Not Change
On September 14, a federal court postponed the effective date of the DHS rule that would have replaced D/S with fixed admission periods for affected F, J and I nonimmigrants. The order applies nationwide while the litigation continues; it is not a final decision on the rule.
The existing D/S framework remains in place. USCIS has therefore kept the earlier I-765 and I-539 editions listed above and is not accepting the 09/15/26 editions.
For more background, see ARCFE’s D/S court update.
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Why the New I-485 Is Required
The public charge rule took effect on September 18 and applies to adjustment applications subject to the public charge ground that are postmarked or electronically submitted on or after that date. Although the rule faces legal challenges, it has not been paused by a court.
USCIS also introduced the 09/18/26 edition of Form I-485, with no grace period for earlier editions. This edition requirement matters to I-485 filers even if an applicant is exempt from the public charge ground. ARCFE’s public charge guide covers the policy in more detail.
Before filing, download the form directly from USCIS and check its edition date, filing instructions and submission date. Applicants coordinating an I-485 with an EB-5 case can also review ARCFE’s concurrent filing guide and confirm case-specific requirements with immigration counsel.
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