Foreign workers and international students need to be aware of the updated US immigration rules, as the USCIS has tightened the margin for error in immigration paperwork.
Starting September 15, 2026, U.S. Citizenship and Immigration Services (USCIS) will roll out revised editions of two forms that touch a very large number of international students and workers — Form I-539 and Form I-765. And unlike previous form updates, there will be no grace period to adjust.
Form I-539 is used by nonimmigrants who wish to apply to USCIS for an extension of stay or a change to another nonimmigrant status. An extension of stay (EOS) refers to the process by which F students apply to USCIS for additional time in the United States to complete their program of study, begin a new program of study, or engage in post-completion optional practical training (OPT).
Form I-765 is the Application for Employment Authorization to be used by foreign workers. Foreign workers in the United States are required to file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Those with immigration status allowing unrestricted work may also use this form to apply for an EAD that reflects their authorization.
What’s Changing
On September 15, 2026, USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization, with the edition date for both forms set as 09/15/26.
The forms have been updated to align with the recently finalised rule 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.
The rule affects categories that have traditionally been admitted for “duration of status,” including many F and M academic and vocational students, J exchange visitors and I foreign media representatives.
No Grace Period
Usually, when USCIS updates a form, applicants have a short window during which both the old and new editions are accepted. Not this time. USCIS has confirmed that there will be no grace period for either form.
For Form I-539: USCIS will accept the 08/28/24 edition if it is postmarked or electronically submitted before September 15, 2026, but will reject that same edition if it is postmarked or submitted on or after September 15, 2026. Only the new 09/15/26 edition will be accepted from that date onward.
For Form I-765: the same logic applies. USCIS will accept the 08/21/25 edition if submitted before Sept. 15, 2026, and reject it if submitted on or after that date, accepting only the 09/15/26 edition going forward.
Don’t jump the gun either
Interestingly, applicants can’t get ahead of the deadline by filing the new forms early. USCIS is providing preview versions of the 09/15/26 editions of both forms along with their instructions, but has explicitly said not to file these editions before September 15, 2026 — the new editions will only be accepted if postmarked or electronically submitted on or after that date.
Also, ensure the photos submitted to USCIS must be unmounted and unretouched. Unretouched means the photos must not be edited or digitally enhanced. The submission of any mounted or retouched images will delay the processing of your application and may prompt USCIS to require that you appear at an Applicant Support Center to verify your identity.
The Bottom Line
This isn’t a routine bureaucratic tweak that only immigration lawyers need to track. Given how heavily international students and workers rely on F-1 status extensions and OPT-related work authorisation filed through these very two forms, a rejected filing at the wrong moment could mean real consequences — a lapse in status, a disrupted work authorization window, or the cost and delay of refiling from scratch.
What makes this update tricky isn’t the content of the forms — it’s the calendar. Anyone filing close to the September 15 cutoff needs to check the edition date on their form with real precision, not just confirm they’ve filled it out correctly. A rejection can require the entire form to be filed again, creating additional timing risk when a status expiration date or employment authorization window is approaching. For students on F-1 status seeking an extension, or those relying on I-765 for OPT or STEM OPT work authorization, the timing risk is an important factor to watch.
Between now and September 14, use the current editions — 08/28/24 for I-539, 08/21/25 for I-765. From September 15 onward, only the 09/15/26 editions will go through. There is no overlap window this time, and no early-filing option either. Anyone with a filing due around this date should build in extra time to avoid getting caught on the wrong side of the deadline.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information.
