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Forms I-539 and I-765 Updated; Old Versions Rejected from September 15, 2026

USCIS confirms there will be no transition period for the two most commonly used forms in nonimmigrant immigration cases, making the choice of the correct submission date a decisive factor in whether an application is accepted or rejected.


Forms I-539 and I-765 Updated; Old Versions Rejected from September 15, 2026
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From the official announcement by USCIS

According to a notice from the U.S. Citizenship and Immigration Services (USCIS) on August 14, 2026, the agency will release new versions of Form I-539 (Application to Extend or Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) effective September 15, 2026. Both new forms carry the issuance date of September 15, 2026, replacing the previous I-539 version dated August 28, 2024, and the I-765 version dated August 21, 2025.

The most important point readers must remember: there is no transition period. USCIS will accept the old versions if the application is postmarked or submitted online before September 15, 2026, but will reject it immediately if submitted on that date or later. Conversely, the new version dated September 15, 2026 will only be accepted if submitted from September 15, 2026 onward — submitting it earlier will also be rejected. USCIS has published preview versions of both forms along with accompanying instructions so applicants can prepare in advance.

No transition period: submitting the wrong form even one day off is enough to have your case rejected.

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Why the Changes

The form revision aligns with a final rule establishing fixed entry deadlines and procedures for extending residence status for exchange students, cultural exchange visitors, and foreign media representatives on nonimmigrant status, according to Economic Times.

Who Is Affected

This is important news for Vietnamese international students seeking F-visa extensions, workers applying for work permits (EAD), and families sponsoring relatives on nonimmigrant visas. Form I-539 is used to extend or change residence status for those already in the United States, while Form I-765 is an application for work authorization, commonly called EAD. Employment categories such as H-1B, L-1, or O-1 do not use Form I-539 but instead must use Form I-129, according to livemint.com.

Practical Implications

If you submit the wrong form or submit the new form too early, your application will be rejected and fees already paid will not be refunded if your case is denied, warns livemint.com. For those waiting for residence status extension approval, a single rejection can delay the process by several additional months, directly affecting employment and health insurance. See the official USCIS notice at the source link below.

Analysis

This form update is not merely a routine administrative procedure but is tied to a new regulation tightening entry deadlines and residence extension procedures for exchange students, cultural exchange visitors, and foreign journalists, as noted by Hindustan Times in reporting on this release. USCIS's unequivocal declaration of no grace period demonstrates the agency's intent to force all new filings to comply with the newly enacted regulation immediately upon its effective date, rather than allowing delays as permitted in some previous form changes. This reflects a pattern familiar to USCIS in recent years: enforcing strict effective dates alongside substantive policy changes, leaving applicants vulnerable if they rely only on general news coverage rather than checking the specific form requirements before submission.

Diaspora Impact

If you plan to submit Form I-539 or I-765 near September 15, 2026, carefully verify the postmark date or online submission time: submissions before that date must use the old version, while submissions from that date forward require the new version dated September 15, 2026. Do not submit the new form before its effective date, as it will be rejected. The forms and official instructions, including preview versions, are publicly posted and available free on uscis.gov — there is no need to use paid intermediary services. Students, workers on nonimmigrant status, and families processing cases should mark September 15, 2026 on their calendars and monitor the USCIS website directly to avoid losing fees due to submitting the wrong form.

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About the Author

Bảo Nguyễn

Bảo Nguyễn founded Saigon Sentinel to give the Vietnamese diaspora truly independent, in-depth community coverage at a time when misinformation moves faster than fact-checks and the language barrier makes verification harder than it should be. He sets the editorial standards and quality controls that govern the reporting, chooses the subjects, writes and edits each article, reads it against its sources before publication, audits published output, and handles corrections.

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