New I-765 and I-539 Forms Required September 15, 2026: USCIS Will Reject Older Editions
Updated September 7, 2026: USCIS currently continues to require the new 09/15/26 editions of Forms I-765 and I-539 for filings postmarked or electronically submitted on or after September 15, 2026. Applicants should confirm the current USCIS form edition immediately before filing.
Beginning September 15, 2026, U.S. Citizenship and Immigration Services (USCIS) will require new editions of Form I-765, Application for Employment Authorization, and Form I-539, Application to Extend/Change Nonimmigrant Status. There will be no grace period for the older editions.
This is an important filing change for anyone who is currently preparing one of these applications because using the wrong edition could result in USCIS rejecting the filing.
USCIS has announced that both revised forms will carry an edition date of 09/15/26. The agency will begin accepting those editions on September 15, 2026, and will reject the previous editions if they are postmarked or electronically submitted on or after that date.
Which Form Edition Should You Use?
The transition is very specific:
| Form | Filed Before September 15, 2026 | Filed On or After September 15, 2026 |
|---|---|---|
| Form I-765 | 08/21/25 edition | 09/15/26 edition |
| Form I-539 | 08/28/24 edition | 09/15/26 edition |
For Form I-765, USCIS currently confirms that the 08/21/25 edition is the edition in use before the September 15 transition.
There Is No Grace Period
The most important part of this announcement is that USCIS is not providing a transition period during which both editions may be used.
USCIS says it will:
- accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before September 15, 2026;
- reject that edition if it is postmarked or electronically submitted on or after September 15;
- accept only the new 09/15/26 Form I-539 beginning September 15;
- accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before September 15;
- reject that edition if it is postmarked or electronically submitted on or after September 15; and
- accept only the new 09/15/26 Form I-765 beginning September 15.
There is another important point: do not file the new 09/15/26 editions before September 15. USCIS has made preview versions available so applicants and representatives can review the changes in advance, but the agency says those editions will only be accepted if they are postmarked or electronically submitted on or after September 15.
Why the Filing Date Matters?
For this transition, the date that matters is not simply when someone begins preparing the application.
For a paper filing, USCIS specifically refers to the postmark date. For an online filing, USCIS refers to the electronic submission date.
This creates a particular concern for applicants who may already be completing one of the current forms.
For example, someone could download and prepare the current Form I-765 or Form I-539 today, but if the application is not mailed or electronically submitted until September 15 or later, that older edition will no longer be accepted.
That is why I recommend checking the edition date again immediately before filing rather than assuming that a form downloaded several days or weeks earlier is still acceptable.
Who May Be Affected?
Form I-765 is used to request employment authorization by people in many different immigration categories. USCIS describes it as the application used to request employment authorization and, where applicable, an Employment Authorization Document, commonly called an EAD or work permit.
Form I-539 is used by eligible nonimmigrants for purposes that include requesting an extension of stay or a change to another nonimmigrant status. It is also used in certain other situations identified in the USCIS instructions.
The revised forms are being introduced in connection with the government’s new fixed-period-of-admission rules affecting certain academic students, exchange visitors, and representatives of foreign information media. However, USCIS’s edition requirements apply when filing these forms, so anyone preparing an I-539 or I-765 should pay attention to the September 15 transition.
What Should Applicants Do Now?
If you are preparing Form I-765 or Form I-539 around this deadline, the safest practical approach is simple:
Check the USCIS form page immediately before submitting your application and confirm that the edition date matches the filing date.
Do not rely on a form that was downloaded earlier, saved on a computer, obtained from another website, or previously printed without confirming that it remains the edition USCIS accepts.
A rejection is different from a request for additional evidence. USCIS may refuse to accept the filing in the first place when the wrong form edition is submitted. Depending on the circumstances of an individual case, losing that filing time can have important consequences.
DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, policies, forms, fees, and filing requirements may change. Always verify current requirements with USCIS before filing.
Martha L. Arias, Esq.
Immigration Law Attorney
Applying for Adjustment of Status (or Green Card)?
Immigration forms and filing requirements can change quickly, and a seemingly small issue such as the edition date printed at the bottom of a form can determine whether USCIS accepts or rejects an application.
If you have questions about an upcoming immigration filing or are unsure which forms and filing requirements apply to your particular circumstances, you may contact my office at 305-671-0018.
