Green card applicants, international students, and visa seekers are navigating significant changes in the U.S. immigration system. New regulations and forms are taking effect, affecting various aspects of the immigration process.
Upcoming Changes and Their Timing
The next few weeks are critical for many seeking legal immigration status in the U.S. Key developments include new immigration forms effective September 15 and September 18, a revised public-charge framework for certain green card applicants, and the anticipated October Visa Bulletin release. These changes coincide with the start of fiscal year 2027 on October 1, when annual immigrant visa allocations reset and new visa numbers become available.
Updates to I-539 and I-765 Forms
On September 15, the Department of Homeland Security (DHS) will implement a new framework for admission periods for F, J, and I nonimmigrants. Concurrently, U.S. Citizenship and Immigration Services (USCIS) will require updated versions of Form I-539 for eligible nonimmigrants to extend or change status and Form I-765 for employment authorization. USCIS will reject older editions of these forms if used after September 15, with no grace period allowed.
This change replaces the longstanding “duration of status” framework with specific admission periods. Previously, many F-1 students were admitted for the duration of their status, without a specific expiration date. Now, nonimmigrants will receive a designated period of admission, with options to request extensions as needed. The new rule mainly impacts international students, exchange visitors, and foreign media representatives.
I-485 Form Update
On September 18, USCIS will mandate a new edition of Form I-485 for immigrants applying for lawful permanent residence through adjustment of status. The updated form necessitates different information for the adjustment-of-status process. While the form itself has changed, the legal criteria for eligibility remain the same. Applications submitted on or after the September 18 deadline must use the new edition.
New Public Charge Rules
A revised public-charge rule from DHS takes effect on September 18. This rule grants immigration officers broader discretion in determining whether an applicant might become a public charge under U.S. immigration law. The rule applies to admissions and adjustment-of-status applications filed on or after this date, with benefits granted before that date considered under prior regulations.
The rule evaluates an applicant’s likelihood of becoming a public charge by examining various factors, including age, health, family circumstances, financial resources, education, skills, and any public benefits received. Immigrant applicants should expect to provide extensive evidence to counter potential public-charge determinations.
Stephanie Lewin of Waypoint Immigration USA emphasizes the need for applicants to be prepared for increased scrutiny and possible subjective denials based on the new policy.
Immigration attorneys note significant changes, including an increase in officer discretion when reviewing applications. Poonam Gupta of Summit Legal PLLC points out that while U.S. citizen child’s benefits may not have counted against parents under previous rules, officers now have more latitude to evaluate a family’s financial situation comprehensively.
Impact of the October Visa Bulletin
The State Department will soon release the October Visa Bulletin, marking the start of fiscal year 2027. The bulletin establishes priority-date cutoffs for family-sponsored and employment-based immigrant visa categories. This time of year is closely monitored because visa allocation limits reset, potentially reopening visa issuance in categories that previously reached their limits.
The bulletin also influences adjustment-of-status applicants, who must track whether USCIS permits using the Dates for Filing or Final Action Dates chart. As of mid-September, the October bulletin remains unpublished, heightening anticipation.
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