Three Major Visa Updates Set To Take Place This Week - Newsweek

Green card applicants, international students, and visa seekers face one of the most consequential weeks of the year as the Trump administration rolls out a series of changes to the legal immigration system.

The developments include new immigration forms taking effect on September 15 and September 18, a revised public-charge framework for some green card applicants, and the anticipated release of the October Visa Bulletin, traditionally one of the most closely watched immigration updates of the year because it marks the beginning of a new fiscal year.

For many applicants, the timing is significant. The changes arrive just as the government prepares to begin fiscal year 2027 on October 1, when annual immigrant visa allocations are reset, and new visa numbers become available.

The first major change takes effect September 15, when the Department of Homeland Security implements a new framework governing admission periods for certain F, J, and I nonimmigrants.

At the same time, U.S. Citizenship and Immigration Services will require new editions of Form I-539, used by eligible nonimmigrants to extend or change status, and Form I-765, used to apply for employment authorization. USCIS will not accept the older editions after September 15 and will not provide a grace period for their use.

The changes stem from a DHS final rule replacing the longstanding "duration of status" framework for F students, J exchange visitors, and I foreign media representatives with fixed periods of admission ending on a specified date.

Under the previous framework, many F-1 students were admitted for the duration of their status rather than receiving an I-94 with a specific expiration date. Under the new system, covered nonimmigrants will generally receive a specified period of admission, with procedures available to request an extension when additional time is needed.

The rule primarily affects international students, exchange visitors and foreign media representatives.

DHS has said the new framework will replace the duration-of-status system with specific admission periods and establish a formal process for seeking additional time in the United States.

Applicants filing Form I-539 or Form I-765 on or after September 15 should make sure they are using the new editions dated September 15, 2026. USCIS has said that filings using the previous editions after that date will be rejected.

Another significant change arrives on September 18, when U.S. Citizenship and Immigration Services begins requiring a new edition of Form I-485, the application used by eligible immigrants seeking lawful permanent residence through adjustment of status.

The new edition becomes mandatory September 18. USCIS has said older editions will be rejected if they are postmarked or electronically submitted on or after that date.

The updated form includes changes to the information applicants must provide to USCIS as part of the adjustment-of-status process. The change is a form revision and does not, by itself, change the underlying statutory eligibility requirements for adjustment of status.

For applicants preparing adjustment-of-status filings, the September 18 deadline is therefore important. Anyone filing on or after that date will need to use the new edition of Form I-485. Applicants should also check the USCIS filing instructions and any applicable filing fees before submitting an application.

A new Department of Homeland Security public-charge rule is scheduled to take effect on September 18.

The rule rescinds the 2022 public-charge regulations and gives immigration officers broader discretion to determine whether an applicant is likely to become a public charge under U.S. immigration law.

The regulation applies to applications for admission made on or after September 18 and to adjustment-of-status applications postmarked or electronically submitted on or after that date. Benefits received before September 18 will be considered under the framework that was in effect under the 2022 regulations.

Under the new approach, officers will evaluate the totality of an applicant's circumstances when making a public-charge determination. The assessment can take into account factors including age, health, family circumstances, financial resources, education and skills, as well as the receipt of certain public benefits.

Receipt of a public benefit does not by itself make an applicant inadmissible. The determination remains an individualized assessment under the public-charge provisions of U.S. immigration law. USCIS has issued separate policy guidance that takes effect September 18 for adjustment-of-status cases.

For some applicants who are eligible to file for adjustment of status, September 18 will mark a significant regulatory dividing line because applications submitted on or after that date will be subject to the new public-charge framework.

Stephanie Lewin, a partner at Waypoint Immigration USA, told Newsweek: "Given the overall stringent immigration policy changes this administration is making, applicants should expect to provide a lot more evidence to show they will not be a public charge, as more scrutiny will be given, and more subjective denials will likely be issued based on this new policy."

Immigration attorneys say one of the most significant aspects of the new rule is the increased discretion it gives officers reviewing applications.

"The biggest misconception is that there's a clean answer on whether a U.S. citizen child's benefits, like Medicaid or SNAP used on the child's behalf, count against the parent," Poonam Gupta, principal attorney at Summit Legal PLLC, told Newsweek.

"Under the prior rule, they generally didn't. Now, that's less certain: officers have broad discretion to weigh a family's overall financial picture, so a child's benefit use could factor in indirectly, even though it isn't a standalone trigger."

"The public charge rule change isn't just about what benefits count—it's about how much discretion officers now have to consider the entire household situation and public benefit use, not just the applicant."

The State Department is also expected to publish its October Visa Bulletin in the coming days. The bulletin will be the first of fiscal year 2027, when annual immigrant visa allocations reset, and new numbers become available for employment-based and family-sponsored categories.

The bulletin sets priority-date cutoffs for family-sponsored and employment-based immigrant visa categories. For adjustment-of-status applicants, USCIS separately determines whether applicants may use the Dates for Filing or Final Action Dates chart.

October is closely watched because annual immigrant visa limits reset with the new fiscal year, which can allow visa issuance to resume in categories that reached their fiscal-year limits.

As of September 14, the October bulletin had not been published.