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Explainer: What are the 3 major US visa modifications impacting students and green card applicants?
The USCIS will require new versions of Forms I-539 and I-765 by September 15, 2026, with previous editions likely rejected.
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Candidates pursuing international student status, permanent residency through green card applications, and various categories of United States visa eligibility are encountering multiple significant immigration policy modifications during the current week. These developments encompass revised versions of USCIS documentation requirements, the expected reformation of the student visa processing system, and the initiation of a new fiscal year allocation period for employment-based immigrant visa categories.
However, a particularly consequential modification was postponed at the eleventh hour. On September 14, a federal magistrate in Massachusetts issued an injunction preventing the Trump administration from enforcing its revised regulation that would supersede the established “Duration of Status” framework governing F-1 students, J-1 exchange visitors, and select foreign media professionals.
The following three advancements represent critical information that prospective applicants and international scholars should be cognizant of.
1. New I-539 and I-765 forms become effective September 15
USCIS is transitioning to updated versions of Form I-539, which is utilized for applications pertaining to extensions or modifications of nonimmigrant status, and Form I-765, which is employed to request employment authorization.
Starting September 15, 2026, USCIS will mandate that applicants submit the updated versions. Previous versions will generally be rejected following the effective date, and USCIS has indicated that no transition period will be granted for the earlier editions.
This modification holds particular significance for international students and other nonimmigrants, as Form I-765 serves the purpose of employment authorization, encompassing applications associated with Optional Practical Training.
Candidates preparing submissions in proximity to the deadline should consequently confirm the edition date of the form prior to submission.
A filing submitted with an obsolete form may be rejected instead of processed, potentially resulting in supplementary delays for applicants subject to employment or immigration-status deadlines.
2. DHS rule terminating ‘duration status’ has been enjoined
The second matter pertains to a significant Department of Homeland Security regulation that was set to commence on September 15.
This regulation would have supplanted the longstanding Duration of Status, commonly referred to as D/S, framework applicable to F-1 students and J-1 exchange visitors by implementing predetermined admission timeframes. Pursuant to the regulation, students would typically obtain a designated admission termination date contingent upon their academic curriculum, subject to a maximum duration of four years for initial admissions.
Additionally, the regulation would have modified protocols concerning extension requests for continued residence, international border crossings, institutional transfers, and modifications to academic coursework.
A particularly significant provision would have shortened the F-1 post-completion departure grace period from 60 days to 30 days.
However, the rule did not become effective as originally planned.
On September 14, U.S. District Judge F. Dennis Saylor issued a preliminary injunction that prevented the administration from enforcing the rule while the legal challenge continued. The decision was rendered one day prior to the rule's intended implementation date.
The judge expressed skepticism regarding DHS' rationale for modifying the existing system and noted that the current D/S framework had permitted millions of students and researchers to pursue education and employment opportunities in the United States throughout nearly five decades.
The judicial decision ensures that the existing Designated School (D/S) framework continues to operate at present, preventing the implementation of the newly proposed fixed-admission system scheduled for September 15.
This matter retains considerable significance for Indian students, as the proposed regulation would have substantially altered the manner in which F-1 visa holders structure their academic pursuits, Optional Practical Training (OPT) participation, international travel arrangements, and petitions for extended residency status.
3. Green Card applicants transition into a fresh visa-number allocation cycle
The third significant development involves the commencement of fiscal year 2027 and the conclusion of fiscal year 2026 on October 1.
The State Department's Visa Bulletin establishes the timeline for when applicants within family-sponsored and employment-based immigrant visa categories may advance according to their respective priority dates. The September 2026 bulletin marks the concluding month of fiscal year 2026, whereas the subsequent bulletin initiates a new fiscal year allocation cycle.
This transition holds particular significance for Indian employment-based green card applicants, as visa availability within categories including EB-1 and EB-2 has experienced considerable constraints.
The September bulletin states that employment-based immigrant visa availability continues to face limitations for Indian applicants, whereas the commencement of the new fiscal year may introduce modifications to cutoff dates as newly allocated annual visa allocations become accessible.
Applicants are advised against presuming that the onset of a new fiscal year will necessarily result in all Indian employment-based categories attaining current status. Progression is contingent upon demand levels, the quantity of visa numbers available, and the State Department's evaluation of anticipated utilization patterns.
What Indian students and visa applicants ought to understand
For Indian students, the primary concern involves differentiating between modifications that are genuinely implemented and modifications that have been postponed through judicial intervention.
The updated USCIS versions of Forms I-539 and I-765 are designated to be required as of September 15.
The DHS regulation that would have terminated D/S status, however, has been enjoined by a federal court. The current framework consequently persists in effect while the legal proceedings advance.
People applying for permanent resident status should independently track the October Visa Bulletin, as the commencement of fiscal year 2027 may alter visa accessibility and the progression of priority dates.
For academic and professional individuals engaging with the United States immigration framework, these developments emphasize the necessity of consulting current guidance from USCIS, DHS, and the State Department rather than depending upon previously communicated implementation dates.
