USCIS Keeps Earlier I-539 and I-765 Forms After Court Order

The Current Form Instruction#

The edition date appears on the form itself and is different from an OMB approval expiration date. For I-539, the accepted edition identified in the court-order alert is 08/28/24. For I-765 it is 08/21/25. The alert expressly excludes the 09/15/26 editions of both forms. This is an operational direction from USCIS, not an inference that all older editions are acceptable.

Applicants should open the official page for the particular form, review its alerts and instructions, and use a complete consistent edition. A form kept on a computer, sent by a friend or downloaded before the court order can be outdated even if its printed date looks newer. The agency's current acceptance instruction determines which version to prepare.

Why the September Plan Changed#

DHS's July final rule would have replaced duration of status with fixed admission periods for affected F, J and I nonimmigrants. The September editions of I-539 and I-765 were prepared for that regulatory change. On September 14, the District of Massachusetts postponed the rule's effective date and prohibited further implementation while litigation proceeds.

USCIS says it will continue under the previous regulatory provisions until the court order changes. The government appealed on September 30, but an appeal alone did not put the rule into effect. The form alert therefore needs to be read alongside the current litigation posture, not as a permanent promise that the listed editions will never change.

Form Choice Does Not Decide Eligibility#

Form I-539 is used for specified extensions, changes of nonimmigrant status and other requests. It is not the correct form for every employment-based classification; USCIS directs certain principal workers to Form I-129 instead. Form I-765 requests employment authorization in an eligible category. Choosing an accepted edition is only one part of submitting a valid request.

The applicant still needs the correct category, signatures, supporting documents, submission channel and applicable fee. A student seeking practical training must also follow the requirements for that application and the school record. The court's action on fixed admission periods does not itself authorize employment, erase a status violation or replace an individual approval.

If a Package Was Already Sent#

Keep a copy of the submitted package and proof of submission, along with any USCIS receipt, rejection or other notice. The current form alert does not explain the disposition of every package sent during the transition. The next step depends on the actual notice, the version used and the deadline governing the person's request.

Avoid assuming that a rejected submission automatically preserves the date on which it was mailed. Equally, do not assume that sending another package without reviewing the first response resolves the problem. A time-sensitive case needs an assessment of whether a corrected filing or another authorized procedure remains available under its own rules.

What to Check Before Submission#

Read the form page on the filing date and save the relevant instruction with the case record. Check the accepted edition, completeness, category, address or online route, payment method and supporting evidence as one package. If related applications are submitted together, verify the instructions for each form separately rather than applying the I-539 notice to every document.

The correction here concerns the two editions named in the USCIS alert. It does not establish that other September form revisions were also withdrawn, or that every older form is usable. A deadline for a different form must be checked on its own official page. Maintaining that separation prevents one court-related update from being applied too broadly.

This article reflects the sources checked on October 5, 2026. The accepted editions should be verified again before submission because USCIS may issue new instructions following a later court order. The latest agency alert and the applicant's actual documents are more useful for a filing decision than a previously announced rollout date.