Major U.S. Visa Updates Impacting Students and Green Card Applicants

Featured & Cover DHS Clarifies Green Card Residency Requirements for Immigrants

Three significant U.S. visa updates are impacting international students and green card applicants, including new USCIS forms and a halted DHS rule.

International students, green card applicants, and other U.S. visa seekers are facing crucial immigration changes this week. These updates include new editions of USCIS forms, an impending overhaul of the student visa admission system, and the transition into a new fiscal year for employment-based immigrant visas.

However, one of the most significant changes has been temporarily halted. On September 14, a federal judge in Massachusetts blocked the Trump administration’s new rule aimed at replacing the long-standing “Duration of Status” (D/S) system for F-1 students, J-1 exchange visitors, and certain foreign media representatives.

Here are the three key developments that applicants and international students should be aware of.

The first update involves the new editions of Form I-539 and Form I-765, which will take effect on September 15, 2026. The U.S. Citizenship and Immigration Services (USCIS) is transitioning to these new forms, which are essential for various applications, including extensions or changes of nonimmigrant status and employment authorization.

Starting September 15, applicants will be required to use the updated forms, as older versions will generally not be accepted after this date. USCIS has indicated that there will be no grace period for using the outdated forms. This change is particularly relevant for international students and other nonimmigrants, as Form I-765 is crucial for obtaining employment authorization, including applications related to Optional Practical Training (OPT).

Applicants preparing their filings around this deadline should ensure they verify the edition date of the forms before submission. Using an outdated form could lead to rejection rather than processing, potentially causing delays for applicants facing employment or immigration status deadlines.

The second significant development involves the Department of Homeland Security (DHS) rule that was set to end the D/S system. This rule was scheduled to take effect on September 15 but has been blocked by a federal court. The proposed rule aimed to replace the D/S system with fixed admission periods for F-1 students and J-1 exchange visitors, assigning specific end dates based on academic programs, with a maximum duration of four years for new admissions.

Additionally, the rule would have altered procedures related to extensions of stay, international travel, school transfers, and changes in academic programs. One of the most impactful changes would have reduced the F-1 post-completion departure grace period from 60 days to just 30 days.

However, U.S. District Judge F. Dennis Saylor issued a preliminary injunction on September 14, preventing the administration from implementing the rule while a legal challenge is underway. The judge questioned the DHS’s justification for replacing the existing system, noting that the current D/S framework has allowed millions of students and researchers to study and work in the United States over nearly five decades.

The ruling means that the current D/S framework remains in place for the time being, rather than transitioning to the new fixed-admission system as planned. This case is particularly significant for Indian students, as the proposed rule could have substantially impacted how F-1 students plan their degree programs, OPT, international travel, and extensions of stay.

The third major development is the transition from fiscal year 2026 to fiscal year 2027, which will occur on October 1. The State Department’s Visa Bulletin will dictate when applicants in family-sponsored and employment-based immigrant categories can proceed based on their priority dates. The September 2026 bulletin marks the final month of fiscal year 2026, with the next bulletin initiating a new annual allocation cycle.

This transition is especially important for Indian employment-based green card applicants, as visa availability in categories such as EB-1 and EB-2 has faced significant pressure. The September bulletin indicates that employment-based immigrant visa availability remains constrained for Indian applicants, while the new fiscal year may bring changes in cutoff dates as fresh annual visa numbers become available.

Applicants should not assume that the start of a new fiscal year automatically means that every Indian employment-based category will become current. Movement depends on demand, available visa numbers, and the State Department’s assessment of future usage.

For Indian students and visa applicants, the immediate concern is to differentiate between changes that are set to take effect and those that have been delayed due to court action. The new USCIS editions of Forms I-539 and I-765 are scheduled to become mandatory on September 15, while the DHS rule that would have ended D/S has been blocked by a federal court, allowing the existing system to remain in place as litigation continues.

Green card applicants should also closely monitor the October Visa Bulletin, as the start of fiscal year 2027 can significantly alter visa availability and priority date movement. For students and workers navigating the U.S. immigration system, these developments highlight the importance of staying updated with the latest guidance from USCIS, DHS, and the State Department rather than relying on previously announced effective dates.

According to The American Bazaar, these updates underscore the dynamic nature of U.S. immigration policy and its impact on international students and green card applicants.

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