US to Reject Old Work-Permit and Visa-Status Forms From September 15

The United States Citizenship and Immigration Services will begin rejecting outdated editions of two major immigration forms from September 15, 2026, affecting foreign nationals applying to extend or change their temporary status or obtain employment authorisation.

USCIS will introduce new editions of:

Form I-539: Application to Extend/Change Nonimmigrant Status
Form I-765: Application for Employment Authorization

The agency announced the transition on August 14, 2026, and confirmed that there will be no grace period during which both old and new editions will be accepted after the implementation date.

Beginning September 15, applicants must use the new editions dated 09/15/26. USCIS will reject the old forms if they are postmarked or submitted electronically on or after that date.

The change is particularly relevant to Nigerians and other foreign nationals already in the United States, including eligible international students, temporary visitors, dependants, exchange visitors and noncitizens applying for work authorisation.

Existing Work Permits and Visas Are Not Being Cancelled

The announcement does not mean that existing employment authorisation documents, commonly called work permits, will become invalid on September 15.

It also does not automatically cancel a person’s visa or lawful immigration status.

The change concerns the editions of Forms I-539 and I-765 used for new applications submitted to USCIS. A valid employment authorisation document continues to carry the expiration date printed on the card unless USCIS separately terminates, revokes or modifies the holder’s authorisation.

Similarly, a visa issued by a US embassy or consulate is not invalidated merely because USCIS has revised Form I-539.

Which Form Edition Should Applicants Use?

The correct form depends on when the application is submitted.

Applications Submitted Before September 15, 2026

USCIS will accept:

Form I-539 edition dated 08/28/24
Form I-765 edition dated 08/21/25

For paper applications, the package must be postmarked before September 15. For online filings, the application must be electronically submitted before that date.

Applications Submitted From September 15, 2026

USCIS will accept only:

Form I-539 edition dated 09/15/26
Form I-765 edition dated 09/15/26

The agency will reject the previous editions if they are postmarked or submitted electronically on or after September 15.

Do Not Submit the New Forms Early

Applicants must not use the new September editions before the implementation date.

USCIS will accept the 09/15/26 editions only when they are postmarked or submitted electronically on or after September 15.

This produces a strict filing sequence:

Before September 15: Use the current editions.
On or after September 15: Use only the new editions.

The complete transition instructions are available in the official USCIS announcement.

What Is Form I-539?

Form I-539 is used by certain nonimmigrants already in the United States to apply for an extension of stay or change from one eligible nonimmigrant classification to another.

Depending on the applicant’s circumstances, the form may be relevant to:

B-1 temporary business visitors
B-2 visitors for tourism or medical treatment
F-1 academic students
M-1 vocational students
Certain J-1 exchange visitors
F-2, M-2 and J-2 dependants
H-4 dependants
L-2 dependants
Certain E visa dependants
Other qualifying temporary classifications

Not every nonimmigrant classification uses Form I-539. Some classifications require an employer or another petitioner to file a different form, while certain applicants are prohibited from changing status from inside the United States.

Applicants should review the official Form I-539 instructions to confirm whether their current and requested classifications qualify.

Extending Status Is Different From Renewing a Visa

Form I-539 does not renew the visa stamp inside a passport.

A visa is an entry document issued by a US embassy or consulate. Immigration status determines the person’s authorised stay after admission to the United States.

A visitor may, for example, have an expired visa stamp but remain lawfully present if the period of authorised stay shown on the person’s admission record has not expired. Conversely, a valid visa stamp does not allow someone to remain beyond the period authorised at entry.

Foreign nationals can check their admission records through the official US Customs and Border Protection I-94 website.

A person outside the United States seeking a visa must generally apply through the US Department of State, not Form I-539. Information on US visa categories and embassy applications is available at travel.state.gov.

When Should Form I-539 Be Filed?

USCIS recommends that eligible applicants seek an extension or change of status before their current authorised stay expires.

The expiration date that matters may appear on the applicant’s Form I-94 rather than on the visa stamp. Applicants should confirm their deadline and allow time for preparation, delivery and possible USCIS processing delays.

A person seeking an extension should generally be able to demonstrate:

Lawful admission into the United States
Maintenance of valid nonimmigrant status
Compliance with the conditions of that status
A valid passport covering the requested period, where required
A legitimate reason for the extension or change
Financial ability to support the proposed stay
Intention to comply with the requested temporary classification

Late applications may be denied unless USCIS accepts that extraordinary circumstances justified the delay and the applicant otherwise satisfies the applicable requirements.

Filing an application does not guarantee approval. It may also not authorise employment or international travel while the case is pending.

Documents That May Be Required for Form I-539

Requirements depend on the applicant’s current status and the classification being requested, but supporting evidence may include:

Passport identity page
US visa page
Form I-94 arrival and departure record
Evidence of current lawful status
Explanation supporting the extension or change
Bank statements or other proof of funds
Form I-20 for eligible F or M students
Form DS-2019 for eligible exchange visitors
Marriage or birth certificates for dependants
Principal visa holder’s approval notice and status records
Evidence of accommodation or travel arrangements
Certified English translations of foreign-language documents

Applicants should rely on the checklist attached to their particular classification in the official I-539 instructions.

What Is Form I-765?

Form I-765 is used by eligible noncitizens to request an Employment Authorization Document.

It is not a general work-permit application available to every visitor, student or temporary resident. The applicant must qualify under a specific employment-authorisation category listed by USCIS.

Depending on the person’s immigration classification, the form may be used by:

Eligible F-1 students applying for Optional Practical Training
Certain F-1 students seeking a STEM OPT extension
Some students experiencing qualifying severe economic hardship
Certain J-2 exchange-visitor dependants
Eligible asylum applicants
Refugees
Certain Temporary Protected Status beneficiaries or applicants
Some adjustment-of-status applicants
Certain spouses of temporary workers
Applicants covered by specific humanitarian or statutory categories
Other noncitizens eligible under a category recognised by USCIS

A B-1 or B-2 visitor cannot simply submit Form I-765 to obtain an unrestricted work permit. The person must first possess an immigration basis that permits an employment-authorisation application.

The Employment Category Code Is Critical

Each Form I-765 applicant must select the correct eligibility category, usually expressed through a regulatory code such as (c)(3) or (c)(8).

The category determines:

Whether the applicant is eligible
What supporting evidence is required
Whether online filing is available
The applicable filing fee
Whether a fee exemption is available
The correct filing address
Whether additional forms or evidence must accompany the application

Selecting the wrong category can result in rejection, a request for evidence or denial.

Applicants should consult the current Form I-765 instructions and should not copy another person’s category simply because the circumstances appear similar.

International Students Seeking Work Authorisation

The change is especially important for Nigerian students in F-1 status who plan to submit Optional Practical Training or STEM OPT applications near September 15.

Eligible students should coordinate with their designated school official before filing. The school official must make the appropriate recommendation in the Student and Exchange Visitor Information System and issue a new Form I-20 containing that recommendation.

Students should check:

The permitted filing window
The date of the school’s recommendation
Whether the requested employment is pre-completion or post-completion OPT
Whether the proposed employer and degree qualify for STEM OPT
The correct I-765 eligibility category
The required filing fee
Whether the application will be submitted online or by mail
Whether photographs and other supporting records are required

Submitting outside the statutory filing window can lead to denial even when the correct form edition is used.

Official information is available through the USCIS Optional Practical Training page and the US Immigration and Customs Enforcement student portal.

How to Confirm the Edition Date

The edition date is normally printed at the bottom of every page of a USCIS form and its accompanying instructions.

Applicants should confirm that:

Every page belongs to the same edition
No page from an older form has been inserted
The barcode and page sequence have not been damaged
The form was downloaded directly from USCIS
The correct edition is used for the submission date
All applicable questions have been answered
The form has been signed where required

USCIS forms are free. Applicants should download them from uscis.gov/forms instead of third-party document websites that may retain outdated versions.

Online and Paper Applications

USCIS permits online filing of Forms I-539 and I-765 for specified categories. Not every applicant or eligibility category can file electronically.

The current list can be checked through the USCIS forms available online.

Online applicants generally need to:

Create a USCIS online account.
Select the correct form and eligibility category.
Complete every required section.
Upload supporting evidence.
Pay the required fee, where applicable.
Electronically sign and submit the form.
Download the receipt notice.
Monitor the account for requests and decisions.

The genuine account portal is myUSCIS.

Applicants filing by paper must send the package to the address designated for their particular category. The I-539 and I-765 forms do not have one universal mailing address.

Official addresses are available through:

Using the wrong address may cause a delay or rejection.

Filing Fees

USCIS did not announce a general fee increase as part of the September form-edition change.

The amount payable depends on factors including:

The form being submitted
Online or paper filing
The applicant’s immigration category
The reason for filing
The applicant’s age
Whether biometric services are required
Whether a fee exemption or waiver applies
Whether the form accompanies another immigration application

Applicants should not rely on an old fee quoted by an agent, blog or previously saved USCIS page.

The correct amount should be checked immediately before submission through:

An incorrect payment can cause USCIS to reject the entire filing.

Applicants should also confirm the accepted payment method. Paper and online applications may have different payment procedures.

Premium Processing

Certain Form I-765 applicants, including qualifying F-1 students in specified categories, may be able to request premium processing through Form I-907.

Premium processing requires a separate fee and does not waive the underlying eligibility requirements. It also does not guarantee approval; it provides expedited USCIS action within the applicable service period.

Eligibility and current fees can be checked on the official USCIS premium-processing page.

What Happens If USCIS Rejects the Application?

A rejection usually means that USCIS did not accept the filing for processing. This is different from a denial issued after reviewing the merits of an accepted case.

Possible consequences include:

Loss of the original filing date
Missed extension or work-authorisation deadlines
Interruption of employment authorisation
Accrual of unlawful presence in certain circumstances
Loss of eligibility for a time-sensitive student application
Requirement to prepare and pay for a new filing
Disruption to travel or employment plans

An applicant whose old form is rejected after September 15 may have to refile using the new edition. USCIS is not guaranteeing that the original delivery date will be preserved.

Applicants facing an expiring status or a narrow filing window should take particular care with the transition.

Important Steps for Applicants Filing Before September 15

A person submitting before the change should:

Download the current form directly from USCIS.
Confirm the edition is 08/28/24 for I-539 or 08/21/25 for I-765.
Verify that the application will be postmarked or electronically submitted before September 15.
Use the correct category and filing address.
Check the current filing fee.
Include all required supporting evidence.
Retain a complete copy and proof of submission.

Applicants should not use the new September editions early, even if preview copies are already available.

Important Steps for Applicants Filing From September 15

Applicants submitting on or after the implementation date should:

Return to the official USCIS form page.
Download the new edition dated 09/15/26.
Discard previously saved blank forms.
Confirm every page shows the correct edition.
Review the updated instructions.
Recheck filing fees and addresses.
Submit through the authorised USCIS channel.
Retain the receipt and full application copy.

Someone who started completing an old form before September 15 but plans to submit after the change must transfer the information to the new edition.

Application Scams to Avoid

USCIS does not charge applicants to download forms.

Foreign nationals should be cautious of websites or individuals that:

Sell supposedly exclusive USCIS forms
Guarantee approval
Claim to provide an unrestricted US work permit to visitors
Request payment through personal accounts, gift cards or cryptocurrency
Use internet addresses resembling USCIS without ending in .gov
Ask applicants to sign blank forms
Encourage the use of an incorrect immigration category
Promise to backdate a filing
Present themselves as lawyers without verifiable credentials

The official USCIS website is uscis.gov. Immigration attorneys can be verified through the licensing authority in the US jurisdiction where they are admitted. Information on avoiding fraudulent immigration services is available through the USCIS scam-prevention page.

Genuine Government Links for Applicants

Applicants should use these official resources:

The September 15 transition creates a firm dividing line for applicants. Anyone filing before the date must use the existing edition, while anyone submitting from that date must download and complete the new form.

Checking the edition date, eligibility category, filing fee and submission address immediately before filing will reduce the risk of rejection and the loss of a time-sensitive immigration benefit.