USCISJDSupra Immigration · 3 min read

USCIS Alert: New I-485 Form Effective Sept. 18, 2026 – EB-3 Immigration Process Update

USCIS will require a revised Form I-485 starting September 18, 2026, reflecting new Public Charge rules. The old edition will be rejected with no grace period. EB-3 applicants must file with the correct form version.

· Source: JDSupra Immigration
On September 18, 2026, USCIS will begin exclusively accepting a newly revised edition of Form I-485 (Application to Register Permanent Residence or Adjust Status), the primary form used by EB-3 and other employment-based immigrants to apply for a green card through adjustment of status. The new edition (dated 09/18/26) incorporates updated questions and documentation requirements tied to the Public Charge Ground of Inadmissibility Final Rule, which governs how USCIS evaluates whether an applicant may become primarily dependent on government assistance. The transition carries a hard cutoff with no grace period. Any I-485 submitted on or after September 18, 2026 using the current 01/20/25 edition — regardless of when it was prepared — will be rejected outright. Applications filed before September 18 must continue using the existing edition. There is no overlap window. For EB-3 petitioners and their sponsors, this is an operationally critical deadline. Employers managing pending or upcoming adjustment of status filings should immediately audit their timelines and form inventories. Those filing before September 18 must confirm use of the current edition; those filing on or after that date must transition to the new 09/18/26 form exclusively. USCIS has made a preview of the revised Form I-485 and its updated instructions available in the Special Instructions section of the official Form I-485 webpage ahead of the effective date. Attorneys and HR teams are encouraged to review the preview now to assess how the Public Charge Rule changes may alter supporting documentation requirements for individual employees. EB-3 applicants currently in the adjustment of status pipeline should coordinate with immigration counsel as soon as possible to determine which edition applies to their specific filing situation and ensure all supporting documentation meets the updated Public Charge standards.

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