New I-539 and I-765 forms 2026 become mandatory September 15 with no grace period. Check which USCIS edition to use and avoid rejection.
Applicants filing Forms I-539 or I-765 in 2026 must use the correct form edition based on the filing date. USCIS will require new editions beginning September 15, 2026, and older editions will be rejected after that date.
This guide explains which edition to use, how the deadline applies to paper and electronic filings, and what to check before submitting your application.
What changes on September 15, 2026?
USCIS will introduce new editions of:
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Form I-765, Application for Employment Authorization
Starting September 15, 2026, applicants must use the new 09/15/26 editions of both forms. USCIS will reject the older editions beginning on that date.
There is no grace period. Applicants should not submit the new editions before they become effective unless USCIS specifically instructs them to do so.
Which I-539 edition should you use?
Your required I-539 edition date depends on when you file:
| Filing date | I-539 edition |
|---|---|
| Before September 15, 2026 | 08/28/24 |
| September 15, 2026, or later | 09/15/26 |
If you file before September 15, use the 08/28/24 edition. If you file on or after September 15, use the new 09/15/26 edition.
Check the edition date printed on the form and confirm that it matches the edition USCIS requires for your filing date.
Which I-765 edition should you use?
The I-765 edition September 2026 requirement follows the same filing-date rule:
| Filing date | I-765 edition |
|---|---|
| Before September 15, 2026 | 08/21/25 |
| September 15, 2026, or later | 09/15/26 |
The new I-765 edition must not be submitted early. Before September 15, applicants should continue using the edition accepted for filings before the deadline.
Why there is no grace period
USCIS has stated that older editions will be rejected beginning September 15, 2026. This means an application prepared using an outdated form may not be accepted simply because it was completed before the deadline.
A rejected filing can cause delays, require a new submission, and potentially affect an applicant’s immigration or employment timeline. Always check the current USCIS form instructions before filing.
Paper postmark versus electronic submission date
For paper filings, the filing date may depend on the date USCIS accepts under its filing rules, not simply the date you downloaded or completed the form. A postmark can be important, but applicants should not assume that mailing an outdated form before September 15 guarantees acceptance.
For electronic submissions, the relevant filing date is generally connected to the date the application is submitted through the USCIS online system. Applicants filing electronically on or after September 15 should use the 09/15/26 edition.
Because filing procedures can vary by form and delivery method, confirm the applicable USCIS instructions before submitting.
Who uses Forms I-539 and I-765?
Form I-539 is generally used by eligible nonimmigrants who want to request an extension of stay or a change to another nonimmigrant status in the United States.
Form I-765 is generally used to request an Employment Authorization Document, commonly called an EAD or work permit. The form is used by applicants in eligible categories who need authorization to work in the United States.
Some applicants may need to file one form, while others may need both. The correct form depends on the applicant’s immigration category and circumstances.
Documents to prepare before filing
- The correct form edition for your filing date
- A valid passport and relevant visa documents
- Current immigration documents and status evidence
- Prior USCIS notices, if applicable
- Supporting documents for the requested benefit
- Required photographs, if applicable
- The correct filing fee or fee-waiver request, if available
- A complete copy of the filing package for your records
Review every page for missing information, inconsistent dates, and unsigned forms. Also confirm that the edition date is correct before printing or uploading the application.
Final form-edition checklist
Filing before September 15, 2026
- I-539: 08/28/24
- I-765: 08/21/25
- Do not submit the new September 2026 editions early.
- Check the latest USCIS instructions and filing fees.
Filing on or after September 15, 2026
- I-539: 09/15/26
- I-765: 09/15/26
- Do not use the older editions.
- Confirm that every form in your package has the required edition date.
- Review the filing method, fee, signature, and supporting documents.
The key rule is simple: use the form edition that USCIS requires for the date you file. Older editions will be rejected beginning September 15, 2026, so applicants should check the edition date immediately before submission.
For the official USCIS announcement, review USCIS to Publish New Editions of Form I-539 and Form I-765; Older Editions Will Be Rejected Starting.
Have GovPrepare verify your form edition and supporting documents before submission.
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