USCIS Sets September 15 Cutoff for New Forms I-539 and I-765
- ARCFE U.S.
- Aug 24
- 2 min read
U.S. Citizenship and Immigration Services (USCIS) will introduce revised editions of Form I-539 and Form I-765 on September 15, 2026.
Beginning that day, the new editions will be required and previous versions will no longer be accepted. Applicants preparing filings around the transition date should therefore check the form edition immediately before submission.
Which Forms Are Changing?
The update affects two commonly used USCIS forms:
Form I-539, Application to Extend/Change Nonimmigrant Status, is used by certain nonimmigrants seeking an extension of stay or a change to another nonimmigrant status.
Form I-765, Application for Employment Authorization, is used by a much broader group of applicants seeking employment authorization in the United States.
USCIS plans to publish the revised editions on September 15, 2026, for immediate use. There is no transition period allowing applicants to continue using an older edition after that date.
The revisions are connected to DHS's new rules establishing fixed periods of admission for F, J and I nonimmigrants, which are also currently scheduled to take effect on September 15.
Who Should Pay Particular Attention?
The change is especially relevant to international students and other nonimmigrants who may need Form I-539 to extend or change their status.
Form I-765 affects an even wider range of applicants. For example, F-1 students may use it when applying for certain forms of employment authorization, including OPT, while eligible adjustment-of-status applicants may use Form I-765 to request an Employment Authorization Document while Form I-485 is pending.
Because USCIS will begin rejecting previous editions on September 15, applicants should avoid relying on a form that was downloaded or prepared well in advance without checking that it remains current.
What Should Applicants Do?
For most applicants, the practical takeaway is simple: verify the form edition on the USCIS website immediately before filing.
Those filing before September 15 should continue following the USCIS requirements in effect on their actual filing date. Those filing on or after September 15 will need to use the revised editions. Applicants should not submit the new editions before USCIS makes them effective.
The timing may also matter for EB-5 investors pursuing adjustment of status in the United States. An eligible EB-5 applicant who files Form I-765 while an I-485 application is pending should make sure the correct I-765 edition is included based on the filing date.
ARCFE's Adjustment of Status or Consular Processing guide provides additional information for EB-5 investors comparing the two paths to conditional permanent residence.
If you are considering EB-5 and have questions about how current immigration-policy changes may affect your planning timeline, contact ARCFE for additional information. Individual immigration and filing questions should be reviewed with qualified immigration counsel.
To learn more, read How to Choose an EB-5 Regional Center, review Track Record, Transparency, and Trust: How to Evaluate an EB-5 Regional Center, or explore the ARCFE EB-5 Process.
Speak with our EB-5 specialist and learn how the program can help you achieve permanent residency. Complete the form and our team member will give you a call back.
This article is provided for general informational purposes only and does not constitute legal, tax, investment or immigration advice.
