USCIS 2026 Alert: New Form I-539 & I-765 Required — Old Editions Rejected Sept. 15
USCIS will release updated editions of Form I-539 and Form I-765. Starting September 15, 2025, any submission using older editions will be automatically rejected without an RFE.
The U.S. Citizenship and Immigration Services (USCIS) has announced the publication of new editions of two critical immigration forms: Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization). Applicants are advised to begin using the new editions as soon as they become available.
Effective September 15, 2025, USCIS will no longer accept older editions of these forms. Any application submitted using a superseded edition after this date will be rejected outright — without the opportunity for a Request for Evidence (RFE) or other corrective notice. This represents a hard deadline with no grace period.
For EB-3 applicants and those in employment-based immigration pathways, Form I-765 is particularly important, as it is used to obtain or renew Employment Authorization Documents (EADs). Submitting the wrong edition could cause significant delays in work authorization status, affecting income and legal employment eligibility.
Applicants currently preparing filings should verify they are using the most current edition of any USCIS form before submission. Form editions are listed in the lower-left corner of each page. USCIS recommends downloading forms directly from uscis.gov rather than using saved copies, which may be outdated.
Immigration attorneys and legal representatives should audit their form libraries ahead of the September 15 deadline. Failing to use the correct form edition is a common and entirely avoidable reason for application rejection under USCIS's current rejection-without-RFE policy framework.
USCIS has previewed a revised Form I-485 set to roll out in September 2026. Most of the form remains unchanged, but updates to the public charge section could impact how applicants—including EB-3 filers—complete their adjustment of status application.
USCIS reported 12.1 million total pending cases while its formal backlog stood at 7 million — a 5-million gap that reveals how many cases fall outside official tracking metrics.
USCIS is extending expired Employment Authorization Documents for TPS holders from El Salvador (through Sept. 9, 2026) and Ukraine (through Oct. 19, 2026). Recipients will receive notices by mail and via myUSCIS accounts to present alongside expired EADs as proof of work authorization.