If you are filing Form I-765 this week, stop and look at the bottom of the page of the form you downloaded. There is a small edition date printed there. If it reads 09/15/26, USCIS is sending it back.
On September 14, 2026, the United States District Court for the District of Massachusetts postponed the effective date of a DHS rule published at 91 Fed. Reg. 44976 (July 17, 2026), which would have established a fixed time period of admission and an extension of stay procedure for nonimmigrant academic students, exchange visitors and representatives of foreign information media. The case is Presidents' Alliance on Higher Education and Immigration v. DHS, No. 26-cv-13799 (D. Mass.). The court preliminarily enjoined DHS from taking further action to implement the rule and postponed the rule's effective date until it rules again or the case is resolved on the merits.
DHS had issued new editions of two forms. With the rule on hold, USCIS continues to accept the earlier editions of those two forms.
Which edition to file
USCIS is accepting the 08/21/25 edition of Form I-765 and the 08/28/24 edition of Form I-539. It is not accepting the 09/15/26 edition of either form.
The edition date sits in the bottom of every page of a USCIS form. Sending the wrong edition does not decide anything about the merits of your case. A rejection can cause delay: the package travels to a lockbox, is rejected, comes back, and has to be refiled, and the date that counts becomes the date of the refiling.
This is a preliminary posture rather than a settled one. DHS has said plainly that it disagrees with the order and that it intends to implement the rule if the order is lifted. That means the correct edition today may change if the order is lifted or the court issues a further order. Check the edition date on the day you file, not against a form you downloaded in August.
If you are not certain which edition you are holding, or what a rejection would do to the timing of your case, call us before you mail anything.
Written by
Joshua Bardavid
I am the principal attorney with years of experience in immigration practice. I have successfully litigated hundreds of immigration cases and have been lead counsel in several precedent-setting appeals. Prior to working as an immigration attorney, I worked as a consultant to the United Nations High Commissioner for Refugees. I was editor-in-chief of New York International Law Review and graduated cum laude from St. John's University School of Law. I have lived in Washington D.C., West Africa, and the Middle East. I currently live in New York City. In my spare time, I enjoy travel and adventure, play soccer, and suffer as a Mets fan. I am a member of the American Immigration Lawyers Association (AILA).