A strict form-edition change
A procedural change taking effect this month could cause otherwise timely applications to be rejected before USCIS reviews their merits.
USCIS has announced new editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. Since September 15, 2026, USCIS accepts only the editions dated 09/15/26. There is no grace period for older editions.
This is an important filing-control issue. A case may be substantively strong and timely prepared but still be rejected at intake if the wrong form edition is used. Rejection can be especially damaging where an applicant is approaching
- an expiration date,
- a filing deadline, or
- a gap in employment authorization.
Who uses Form I-539 and Form I-765?
Form I-539 is used in many requests to extend or change nonimmigrant status and for certain dependent applications. Form I-765 is used across numerous employment-authorization categories. The change may therefore affect students, exchange visitors, dependents, adjustment applicants and other nonimmigrants, depending on the benefit requested.
Applicants should not assume that a form downloaded earlier remains usable. The edition date, filing instructions, fee, signature and supporting evidence should all be checked immediately before submission.
Why USCIS updated the forms
USCIS states that the revisions align the forms with the new fixed-period admission and extension procedures for F, J and I nonimmigrants. The revised editions may therefore require applicants to present information differently than under the prior forms.
Preparers should transfer information carefully rather than simply copying an older form package. Answers should remain consistent with
- prior petitions,
- visa applications,
- Forms I-94,
- school or program records, and
- employment-authorization history.
Practical filing steps for the Forms I-539 and I-765
- Confirm that every form bears the 09/15/26 edition date before filing.
- Download forms directly from USCIS instead of relying on saved copies.
- Recheck the filing address, filing fee and permitted payment method.
- Review all answers and supporting documents after moving information to the new edition.
- Preserve proof of delivery and a complete copy of the final filing.
Advice on Form I-539 and I-765 by WINHELLER
Since September 15, the use of an outdated I-539 or I-765 can result in rejection. Applicants with time-sensitive status or work-authorization concerns should update their filing packages before submission and leave enough time to correct any intake issue. WINHELLER supports applicants worldwide with the correct filling of all forms. For questions regarding your case, please contact our specialized U.S. Desk at WINHELLER anytime.
Kari Foss-Persson
U.S. Attorney at Law (MN, USA) specialized in U.S. immigration and visa law
Over 10 years of experience in U.S. immigration law; Kari personally guides individuals and businesses through the entire visa process – in German and English.
