How USCIS Form I-539 and I-765 Changes Affect You in 2026?

This article provides general legal information, not individualized legal advice. Reading does not create an attorney-client relationship. For advice specific to your situation, contact Vasquez Law Firm.

What changes did USCIS announce for Form I-539 and Form I-765 starting September 15, 2026?

Starting September 15, 2026, USCIS will publish new editions of Form I-539 and Form I-765, and will reject all older editions submitted on or after that date. These changes align the forms with a new final rule affecting nonimmigrant academic students, exchange visitors, and foreign media representatives.

Specifically, USCIS announced that the 09/15/26 editions of both forms will replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765. There will be no grace period to file the older editions after September 15, 2026. USCIS is providing preview versions of the new forms and instructions before that date, but applicants must not file the new editions before September 15.

This update is necessary to implement the "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" final rule. The forms have been revised to reflect these regulatory changes and USCIS will only accept the new editions postmarked or electronically submitted on or after September 15, 2026.

This means applicants currently using the older editions must file before the deadline or wait until the new editions are available. USCIS will reject any filings using the older editions on or after September 15, 2026, causing delays or denials.

These changes affect applications to extend or change nonimmigrant status (Form I-539) and applications for employment authorization (Form I-765). The update is part of USCIS's effort to align form processes with recent immigration policy updates.

Who is affected by the USCIS Form I-539 and I-765 revisions in North Carolina?

The form revisions primarily affect nonimmigrant academic students, exchange visitors, and representatives of foreign information media applying for extensions or changes of status or employment authorization. In Raleigh, NC, where our office is located, many clients in F-1 student status or J-1 exchange visitor status rely on these forms.

North Carolina has a significant population of international students attending universities and colleges. These individuals frequently file Form I-539 to extend their stay or change their nonimmigrant status, and Form I-765 to request employment authorization during or after their studies.

The USCIS update means that all such applicants in Raleigh, NC must use the new editions of these forms starting September 15, 2026, or risk rejection. This includes students seeking Optional Practical Training (OPT) or Curricular Practical Training (CPT) employment authorization, exchange visitors applying for extensions, and media representatives requesting work permits.

According to USCIS data, thousands of Form I-539 and I-765 applications are filed annually nationwide. While the memo does not specify exact North Carolina numbers, the state's growing international student population and academic exchange programs mean a substantial number of residents will be impacted.

Employers and educational institutions in Raleigh, NC also need to be aware of these changes to advise their foreign national employees and students properly. Failure to file the correct edition of the form could result in processing delays or denials affecting work authorization and lawful status.

In summary, nonimmigrant students, exchange visitors, and foreign media representatives in Raleigh, NC must prepare to submit the updated 09/15/26 editions of Form I-539 and I-765 beginning September 15, 2026. Our Raleigh, NC office is available to assist with these filings.

What does the law say about USCIS's authority to change these forms and reject older editions?

USCIS derives its authority to revise immigration forms and enforce filing requirements from the Immigration and Nationality Act (INA) and related regulations. The agency regularly updates forms to reflect changes in immigration law and policy.

The recent form revisions align with a 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." This rule modifies admission periods and extension procedures under 8 U.S.C. § 1101(a)(15), which defines visa classifications.

Under the INA and implementing regulations, USCIS can require applicants to use the most current edition of forms. Older editions can be rejected to ensure compliance with current legal standards and procedural rules.

For example, 8 U.S.C. § 1255 authorizes adjustment of status applications but requires compliance with USCIS filing instructions. Similarly, 8 CFR § 274a.12 governs employment authorization classes and application procedures, which Form I-765 supports.

The USCIS announcement states:

"There is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule." (Source: USCIS, https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting)

This confirms USCIS's legal position that only the new editions can be accepted after the effective date to properly implement the regulatory changes.

In practice, this means applicants must comply strictly with the filing instructions and deadlines to avoid rejection under 8 CFR § 245.1, which sets eligibility and procedural requirements for adjustment and related applications.

What should you do to prepare for the USCIS Form I-539 and I-765 changes in 2026?

Applicants and petitioners should plan now to use the new editions of Form I-539 and Form I-765 starting September 15, 2026. Filing older editions on or after that date will result in rejection and possible delays.

At our Raleigh, NC office, we typically see applicants miss deadlines or file outdated forms, causing unnecessary processing delays. Early preparation and careful review of USCIS updates can prevent these issues.

Here are practical steps to take:

1. Do not file the new 09/15/26 editions before September 15, 2026. USCIS will not accept them before that date.
2. File any applications using the older editions before September 15, 2026. USCIS will accept the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765 only if postmarked or electronically submitted before September 15, 2026.
3. After September 15, 2026, use only the new 09/15/26 editions. USCIS will reject older editions submitted on or after that date.
4. Review the preview versions of the new forms and instructions now. USCIS has posted these on their website to help applicants prepare.
5. Consult with an immigration attorney for complex cases. Changes in extension and employment authorization rules may affect eligibility and filing strategies.

Below is a summary table of the form edition acceptance rules:

Failing to comply with these filing requirements can lead to rejected applications, loss of status, or gaps in employment authorization. Our Raleigh, NC and Orlando, FL offices can assist applicants in reviewing their cases and preparing correct filings.

For residents of Raleigh, NC and Orlando, FL, staying informed about USCIS form updates is critical to maintaining lawful immigration status and work authorization. Visit the official USCIS Form I-539 and Form I-765 webpages regularly for the latest versions and instructions.

What happens next with USCIS's new Form I-539 and I-765 editions after September 15, 2026?

After September 15, 2026, USCIS will strictly enforce the use of the new 09/15/26 editions of Form I-539 and I-765. Older editions will be rejected without grace period. This enforcement supports the implementation of the final rule on fixed admission periods and extension procedures.

USCIS will continue to update its website with guidance and preview versions before the effective date. Applicants should monitor these resources closely to avoid filing mistakes.

USCIS stated:

"USCIS will only accept the 09/15/26 editions of these forms if they are postmarked or electronically submitted on or after Sept. 15, 2026." (Source: USCIS, https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting)

This means that any application received using the old editions after the deadline will be rejected outright, potentially causing applicants to lose lawful status or employment authorization if they do not refile timely.

Applicants and their attorneys should prepare for a possible increase in filings near the deadline, as some may rush to submit before the cutoff. USCIS processing times may fluctuate accordingly.

In Raleigh, NC and Orlando, FL, immigration service providers should update intake procedures and client advisories to reflect these changes. Educational institutions and employers should also inform international students and nonimmigrant employees about the new filing requirements.

Overall, USCIS's enforcement of the new editions aims to streamline processing and ensure compliance with updated immigration rules. Staying ahead of these changes will help avoid delays and denials.

Frequently Asked Questions about USCIS Form I-539 and I-765 Changes

When will USCIS start rejecting the old editions of Form I-539 and I-765?

USCIS will reject the older editions of Form I-539 and Form I-765 if they are postmarked or electronically submitted on or after September 15, 2026. Before that date, USCIS will still accept the older editions.

Can I file the new editions of Form I-539 and I-765 before September 15, 2026?

No. USCIS will not accept the new 09/15/26 editions of these forms if filed before September 15, 2026. Applicants must wait until that date to submit the new editions.

What should I do if I miss the September 15, 2026 deadline to file the new forms?

If you miss the deadline and file an older edition after September 15, 2026, USCIS will reject your application. You must refile using the new edition as soon as possible to avoid status or work authorization issues.

Where can I find the new editions of Form I-539 and I-765 and their instructions?

USCIS has published preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with instructions on their official website. These will become the official forms on September 15, 2026.

Who is most affected by these form changes?

Nonimmigrant academic students, exchange visitors, and representatives of foreign information media applying for extensions of stay or employment authorization are most affected. This includes many international students and exchange visitors in Raleigh, NC.

This article provides general legal information, not individualized legal advice. Reading does not create an attorney-client relationship. For advice specific to your situation, contact Vasquez Law Firm.

Reviewed by William Vasquez, Founder & CEO, Vasquez Law Firm, PLLC.

If you need legal assistance, learn more about our immigration law practice, or call us at 1-844-967-3536 for a free evaluation.