USCIS Form Update After Court Order: Which I-539 and I-765 Editions Are Accepted in September 2026?
Updated: September 18, 2026
Primary keyword: USCIS I-539 I-765 form edition September 2026
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USCIS has updated its Form I-539 and Form I-765 pages after a September 14, 2026 order from the U.S. District Court for the District of Massachusetts. USCIS says it continues to accept the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, and is not accepting the 09/15/26 editions of those forms while the court order remains in effect. [1] [2]
The direct answer for a filer is simple: do not use the 09/15/26 editions of I-539 or I-765 based on the current USCIS instructions. Check the live USCIS page immediately before filing, use the edition USCIS identifies as accepted, and confirm whether the form is appropriate for the requested immigration benefit. This is a filing and immigration-status update—not a change to ITIN, EIN, LLC formation, or banking rules.
What did the court order change?
The court order postponed the effective date of a final rule titled “Establishing 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 rule was published at 91 Federal Register 44976 on July 17, 2026. [1] [3]
USCIS states that the Department of Homeland Security is preliminarily enjoined from taking further action to implement the final rule pending a further court order or resolution of the proceeding. USCIS also says that DHS disagrees with the order and that, if the order is lifted, it plans to take measures to implement the rule.
Until then, USCIS says it will proceed under the previous regulatory provisions. Because court proceedings can change, applicants should treat the current USCIS form pages—not an old screenshot, third-party blog, or stored PDF—as the controlling operational reference for filing.
| Form | Current USCIS-accepted edition stated on the page | 09/15/26 edition status |
|---|---|---|
| Form I-539, Application to Extend/Change Nonimmigrant Status | 08/28/24 | USCIS says it is not accepting the 09/15/26 edition |
| Form I-765, Application for Employment Authorization | 08/21/25 | USCIS says it is not accepting the 09/15/26 edition |
What is Form I-539?
Form I-539 is used by certain nonimmigrants who seek to extend their stay or change to another nonimmigrant status. USCIS also identifies uses involving certain Commonwealth of the Northern Mariana Islands residents, F and M nonimmigrants seeking reinstatement, and persons seeking V nonimmigrant status or an extension of stay as a V nonimmigrant. [1]
Form I-539 is not the correct form for every employment-related immigration request. USCIS expressly lists several classifications that generally must use Form I-129 rather than I-539, including H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1/O-2, P, Q-1, R-1, and TN classifications.
Using the wrong form can create a serious filing problem. USCIS warns that filing the wrong form may result in rejection or denial, and filing fees may not be refunded. The correct form therefore depends on the applicant’s current status, requested status, eligibility category, and facts—not simply on whether the applicant owns a U.S. company.
What is Form I-765?
Form I-765 is used by certain eligible persons to request an Employment Authorization Document, commonly called an EAD. USCIS explains that some people whose status independently authorizes employment may also use I-765 to request an EAD showing that authorization. [2]
An I-765 filing does not automatically create immigration status. It also does not mean that every applicant is eligible for employment authorization. Eligibility depends on the underlying category, status, pending application, or other legal basis identified in the current form instructions.
USCIS says that, after approval, an EAD should generally be produced within two weeks and mailed by USPS Priority Mail, although delivery timing can vary. Applicants should keep their mailing address current with USCIS and USPS, monitor case status, and follow USCIS inquiry instructions if the card does not arrive within the agency’s stated timeframe.
Why the form edition matters
USCIS forms are not interchangeable documents. Each edition can contain different questions, instructions, fee references, or evidence requirements. USCIS states that, for paper filings, applicants should ensure the edition date and page numbers are visible and that pages come from the same edition. Missing pages or mixed editions may cause rejection.
The current court-related change makes version control especially important. A person who downloaded the 09/15/26 form before the September 14 order may still have that PDF saved locally, but USCIS’s current pages say the older accepted editions should be used instead.
A filing team should record the date on which it checked the USCIS page, the accepted edition date, the fee schedule used, the filing category, and the final packet version. This simple record can help identify whether a form was prepared before or after an agency update.
What should international founders and business owners do?
Separate business formation from immigration filing
An LLC is formed under state law, and an EIN is issued by the IRS for federal business tax administration. Neither item gives a founder immigration status or work authorization. A founder may form an LLC and obtain an EIN while still needing a separate immigration basis to work for or manage the business in the United States.
An ITIN is an IRS individual tax-processing number for an eligible person who cannot obtain an SSN. It does not authorize employment or replace an immigration benefit. A U.S. bank independently decides whether to approve an account and may request its own identity, business, and compliance documentation.
| Business or tax item | Issuing authority | What it does not provide |
|---|---|---|
| ITIN | IRS | Immigration status or work authorization |
| EIN | IRS | A visa, status, or automatic USCIS approval |
| LLC formation | State authority | Federal employment authorization |
| Bank account | Bank or financial institution | Immigration status or guaranteed account approval |
| I-539 | USCIS | Automatic approval or authorization for every requested activity |
| I-765 | USCIS | Eligibility beyond the underlying immigration category |
Identify the correct immigration form
A business owner, worker, or dependent should first identify the current immigration classification and the exact benefit requested. Some requests use I-539, while employment-based petitions use I-129 or another form. An EAD request may use I-765 only when a qualifying category exists.
A company’s EIN and organizational documents may be supporting evidence in an immigration case, but they do not determine which form must be filed. The filing category and legal basis control.
Check the current USCIS page before mailing
The form edition issue shows why applicants should check USCIS.gov immediately before filing. Review the form page, current instructions, filing fee, filing location, payment method, evidence checklist, signature requirements, and any current alert.
Do not assume that a form downloaded last month remains acceptable. Do not rely on a third-party service page that does not show the current edition or explain the court-related update.
Protect filing deadlines
USCIS states that eligible I-539 applicants generally must file before the expiration date shown on their admission record. The agency recommends filing well before the current authorized stay expires. A late filing may be excused only in limited circumstances and should not be treated as a routine extension strategy.
For I-765 renewals, USCIS describes category-specific filing windows and recommends filing early enough to avoid a gap in documentation. The applicable timing depends on the eligibility category and current instructions.
What happens if someone already prepared the 09/15/26 edition?
Do not mail the packet automatically. First, review the current USCIS page to confirm which edition is accepted. If the 09/15/26 edition is not accepted, the packet should be rebuilt using the edition USCIS identifies, along with current instructions, fees, evidence, and signatures.
If a packet was already filed, the applicant should preserve the delivery and receipt evidence and monitor the case. USCIS’s response may depend on the filing date, form, edition, filing category, and agency instructions in effect at the time. An applicant with a pending or rejected case should seek qualified immigration advice rather than submitting duplicate forms without a strategy.
How does the rule affect dependents and workers?
The court-related update can matter to nonimmigrant students, exchange visitors, dependents, and other applicants whose extension, change of status, or employment authorization depends on a qualifying category. A dependent’s I-539 or I-765 filing may be connected to a principal worker’s or student’s status, but the correct form and eligibility basis must be reviewed separately.
The existence of an employer, U.S. LLC, or EIN does not automatically make a dependent eligible for an EAD. Likewise, an EAD application does not replace the need to maintain the underlying status or comply with the conditions of the applicable classification.
How ITIN.com fits into the process
ITIN.com prepares, verifies, files, coordinates, and guides clients through eligible ITIN, EIN, LLC formation, and banking-assistance services. ITIN.com does not issue immigration status, decide whether I-539 or I-765 is appropriate, adjudicate USCIS filings, or guarantee an EAD or change-of-status approval.
The IRS issues ITINs and EINs. States form LLCs. USCIS decides immigration applications and petitions. Banks independently decide whether to approve accounts. Immigration-specific questions about status, work authorization, court orders, form selection, or filing strategy should be addressed with qualified immigration counsel and the current USCIS instructions.
Practical filing checklist
| Before filing | Confirm |
|---|---|
| Form selection | The requested benefit uses I-539, I-765, I-129, or another correct form |
| Edition date | The current USCIS page identifies the edition as accepted |
| Court update | The 09/15/26 editions are not being used while USCIS maintains the current alert |
| Filing deadline | The request is filed before the applicable authorized-stay or eligibility deadline |
| Fee and payment | The current G-1055 fee schedule and payment instructions are followed |
| Evidence | The current checklist and category-specific instructions are satisfied |
| Signature | All required signatures are present |
| Copies | A complete copy of the packet and delivery evidence is retained |
| Business records | EIN, LLC, payroll, and other documents are accurate but not treated as immigration authorization |
Bottom line
Following the September 14, 2026 court order, USCIS currently says it accepts the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765, not the 09/15/26 editions. Applicants should use the current USCIS pages, confirm the correct form for the requested benefit, and monitor the litigation and agency updates.
For international founders, the most important distinction is that immigration filings are separate from tax identity and business formation. An ITIN, EIN, LLC, or bank account may support a business or tax workflow, but none of them creates immigration status or employment authorization.
Important: This article is general information based on USCIS and Federal Register materials available on September 18, 2026. It is not immigration, legal, tax, or banking advice. Court orders, agency guidance, form editions, fees, and eligibility requirements can change. Consult qualified immigration counsel for a specific filing or status question.
