Status as of September 18, 2026. The 09/15/26 editions of Form I-765 and Form I-539 did not take effect. On September 14, 2026, the U.S. District Court for the District of Massachusetts postponed the effective date of the DHS rule those editions were built for under APA section 705 and preliminarily enjoined DHS and ICE from taking further action to implement it. USCIS has since stated that it continues to accept the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539, and expressly states that it is not accepting the 09/15/26 editions. Filing a 09/15/26 edition now risks rejection.
Through August and early September, USCIS told applicants that a hard cutover was coming: on September 15 the agency would begin rejecting the old editions of the work permit application and the status extension application, with no grace period at all. That cutover was halted the evening before it was due, and news of the halt has travelled far less widely than news of the change. Anyone acting on the earlier instruction today is using the wrong form.
Contents
Which edition USCIS accepts right now
Form I-765, Application for Employment Authorization: the 08/21/25 edition. Form I-539, Application to Extend or Change Nonimmigrant Status: the 08/28/24 edition. The 09/15/26 editions of both are not being accepted.
Every USCIS form shows its edition date at the bottom of each page, and each form's page on uscis.gov states which edition is currently accepted. Because this situation arose from a court order rather than a planned schedule, the edition in force can change again on short notice, and the form page is the authoritative place to check immediately before filing rather than days earlier.
What happened on September 14
On July 17, 2026, DHS published a final rule replacing the duration of status framework with fixed periods of admission for F academic students, J exchange visitors and I representatives of foreign information media. It was to take effect September 15, 2026.
A coalition including the Presidents' Alliance on Higher Education and Immigration, NAFSA, the American Federation of Teachers and the UAW challenged the rule under the Administrative Procedure Act in Presidents' Alliance on Higher Education and Immigration v. Department of Homeland Security, No. 1:26-cv-13799 (D. Mass.), filed August 18, 2026. On September 14, Judge F. Dennis Saylor IV granted nationwide relief, concluding the plaintiffs were likely to succeed on their APA claims: the court postponed the rule's effective date under APA section 705 and enjoined further steps to implement it. It declined for now to vacate the rule and denied summary judgment without prejudice. This is preliminary relief, not a final judgment invalidating the rule.
Why the forms were tied to the rule
USCIS announced on August 14 that it would publish 09/15/26 editions of both forms, revised specifically to align with the fixed-admission rule. The agency said explicitly that there would be no grace period, because the revised editions were necessary in order to apply the rule. The new editions were to replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765 on a single day.
That coupling cut both ways. When the rule was enjoined, the reason for the form change disappeared with it, and the editions built to implement the rule stayed out of use.
What the injunction leaves in place
For now the preexisting framework stands: F and J nonimmigrants continue to be admitted for duration of status, as do most I nonimmigrants, and the preexisting special rules for certain I nonimmigrants holding PRC passports are unchanged. The changes the rule would have brought are not operating: the extension of stay requirement for those categories, the rule's maximum four-year admission period for many F and J nonimmigrants, the shortened departure period, the restrictions on transfers and on starting a second program at the same or a lower level, and the transition milestones the rule set.
Two things are not affected by the order. The Student and Exchange Visitor Program guidance issued in August 2026 narrowing what counts as curricular practical training was not part of the enjoined final rule and is therefore not displaced by this order. And the revised editions of other USCIS forms scheduled for September 18, 2026, including Form I-485 with Supplements A and J, belong to a different rulemaking and proceed as announced.
Why an edition mismatch matters
A rejected filing does not retain its filing date. The applicant has to correct the submission and file again before USCIS can accept it as properly filed. For someone filing close to a deadline, losing the original filing date can matter a great deal and, depending on the employment authorization category and on whether any automatic extension applies, may leave a gap in work authorization.
For these edition cutovers USCIS uses the postmark date for paper filings and the electronic submission date for online filings, not the date the form was downloaded. A form prepared in advance and mailed later can therefore be the wrong edition on arrival, which is one of the most common reasons an otherwise complete application is rejected.
What could change next
The order postpones the rule; it does not end the case. The government may appeal, and the litigation continues in the district court. DHS has said it strongly disagrees with the order and that, if it is lifted, it will take measures to implement the final rule. USCIS would then have to state which editions it accepts and from when; the timing of any new cutover is not something the current order settles.
Practically, that means treating the current state as provisional. Checking the form page on the day of filing is not excessive caution in this situation; it is the only way to be sure which edition is being accepted that day.
Frequently asked questions
Did a new Form I-765 take effect?
No. The 09/15/26 edition did not take effect and USCIS is not accepting it. The agency continues to accept the 08/21/25 edition following the September 14 court order.
What happens if someone files the 09/15/26 edition now?
USCIS states it is not accepting that edition, which means the filing can be rejected and returned, with the loss of the original filing date.
Does this affect everyone who files Form I-765, or only students?
The edition question affects everyone filing that form, whatever their category, because a single edition is in force at a time. The underlying rule that was enjoined concerns F, J and I nonimmigrants.
Do F and J holders need to file the new extension of stay application the blocked rule required?
No. That requirement did not take effect, and the duration of status framework remains in place. The existing obligations are unchanged: complying with the terms of the program, keeping Form I-20 or DS-2019 current, maintaining status and requesting program extensions where the existing rules require them.
Is the rule dead?
No. The court postponed its effective date and blocked implementation, but declined for now to vacate it. The case continues, and the outcome can change.
Where is the authoritative answer on which edition to use?
The Form I-765 and Form I-539 pages on uscis.gov, which state the currently accepted edition and carry the alerts about the court order.
Official sources
Source | What it covers |
|---|---|
The edition currently accepted and the alert implementing the court order | |
The original cutover announcement and the no-grace-period explanation | |
What the fixed-admission rule provided, including its transition dates |
This material is informational and current as of September 18, 2026. It is not legal advice. Form editions and the status of the injunction can change at any time; check the form page on uscis.gov on the day of filing and consult a licensed immigration attorney about a specific case.