A C10 EAD is a work permit issued by USCIS to noncitizens with a pending application for cancellation of removal, suspension of deportation, or special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). You apply on Form I-765 using eligibility category (c)(10) after your underlying application has been accepted by the immigration court. As of December 5, 2025, newly issued cards carry a maximum validity of 18 months, and the work authorization lasts only as long as the underlying case stays active.
Who Qualifies
The category covers three groups under federal regulations: people seeking suspension of deportation under the old Section 244 of the Immigration and Nationality Act (for cases predating April 1, 1997), people applying for cancellation of removal under Section 240A, and people pursuing special rule cancellation under NACARA.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
Most C10 applicants are nonpermanent residents applying under Section 240A(b), which requires ten years of continuous physical presence, good moral character during that period, and exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative.2Office of the Law Revision Counsel. 8 USC 1229b – Cancellation of Removal; Adjustment of Status
The prerequisite that trips up many applicants: your underlying application must already be on file and accepted before you submit the I-765. For nonpermanent residents, that means the Form EOIR-42B has been filed with the immigration court. Being in removal proceedings is not enough on its own, and neither is planning to file. If the court has not accepted the cancellation application, USCIS cannot approve a C10 EAD.3U.S. Citizenship and Immigration Services. Instructions for Form I-765, Application for Employment Authorization
The permit also depends on the case continuing. If your cancellation application is denied, withdrawn, or your proceedings are terminated, the legal basis for the work permit disappears with it. You must attend every hearing and keep the underlying application active for the entire time you hold the card.
Criminal Convictions That Block Eligibility
Because the EAD rides on cancellation of removal, anything that disqualifies you from that relief also blocks the work permit. Under Section 240A(b)(1), you are ineligible if you have been convicted of offenses falling under specified inadmissibility or deportability grounds.2Office of the Law Revision Counsel. 8 USC 1229b – Cancellation of Removal; Adjustment of Status The main bars:
- A conviction or admission of conduct constituting a crime involving moral turpitude, with narrow exceptions for minor offenses committed at a young age.
- Any conviction related to a controlled substance violation, or any involvement in drug trafficking.
- Two or more convictions carrying a combined sentence of five years or more of confinement.
- For permanent residents seeking cancellation under Section 240A(a), any aggravated felony conviction.
Whether a particular conviction triggers one of these bars is often complicated. The definition of “crime involving moral turpitude” does not map neatly onto any single category, and how a state offense interacts with federal immigration law takes detailed analysis. This is an area where an immigration attorney is worth the cost.
What You Need to File
The application form is I-765. Enter category code (c)(10) in the eligibility question. The I-765 instructions require three pieces of evidence specific to this category:3U.S. Citizenship and Immigration Services. Instructions for Form I-765, Application for Employment Authorization
- Evidence that you are in immigration proceedings.
- Proof that you paid the filing fee for the underlying EOIR-42B or other qualifying application, or that the immigration judge granted a fee waiver.
- Documentation that the underlying application was properly filed with and accepted by the immigration court before you submit the I-765. A date-stamped copy of the EOIR-42B or a court receipt works.
You also need two identical color passport-style photos, 2 by 2 inches, taken recently, with a white or off-white background and an unmounted, unretouched glossy finish. Write your name and A-Number lightly in pencil on the back of each. Add an identity document: a copy of a previous EAD, valid passport, or national identity document.
Names, dates of birth, and A-Numbers must match exactly across the I-765 and the court file. Discrepancies invite a Request for Evidence, which adds months.
Filing Fee
The C10 category is not eligible for online I-765 filing, so paper filing is required. The paper filing fee is $520 as of the March 2026 fee schedule.5U.S. Citizenship and Immigration Services. G-1055, Fee Schedule6U.S. Citizenship and Immigration Services. Forms Available to File Online The additional fees created by Pub. L. 119-21 for certain other EAD categories do not appear to apply here, but fees change, so verify the current G-1055 before filing.
If you cannot afford the fee, file Form I-912, Request for Fee Waiver, with your application. You demonstrate inability to pay through income below 150% of the federal poverty guidelines, receipt of a means-tested benefit, or documented financial hardship.7U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
The EOIR-42B filed with the immigration court has its own $100 filing fee plus a biometrics fee, payable to DHS.8U.S. Department of Justice. EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
Where and How to Send It
Mail the completed package to the USCIS Lockbox listed in the “Where to File” section of the I-765 instructions, which depends on your state.9U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization Include Form G-1145 for electronic confirmation when USCIS receives the package. Every signature must be original. Photocopy the entire package before mailing, and use a service with tracking.
What Happens After You File
USCIS mails Form I-797C, Notice of Action, confirming receipt. The notice shows your filing date and receipt number, which you use to track the case. The I-797C only proves you filed; it is not an approval.10U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
You will then get a biometrics appointment notice for a local Application Support Center, where USCIS collects fingerprints and a photo for background checks. Missing this appointment without rescheduling can lead to denial.
USCIS cross-checks your I-765 against the immigration court database to verify the EOIR-42B is pending. If the background check clears and everything matches, USCIS approves the application and produces the physical EAD, usually within about two weeks of approval. The card ships by USPS Priority Mail. Total processing time varies with backlogs; check current estimates on the USCIS website using your receipt number.
How Long the Card Lasts
As of December 5, 2025, USCIS reduced maximum C10 validity from five years to 18 months. The change applies to both initial and renewal cards filed or pending on or after that date.11U.S. Citizenship and Immigration Services. Employment Authorization Validity – Policy Alert PA-2025-27
Validity also depends on the court case. If the immigration judge grants cancellation of removal, you adjust to lawful permanent resident status and no longer need the EAD. If the judge denies, or if the case is administratively closed or terminated, the work authorization ends with it.
Renewals and Automatic Extensions
Cancellation cases routinely take years, so with an 18-month card, renewals are essentially guaranteed. File a new I-765 with updated evidence that the court case is still pending, well before the current card expires. The same $520 paper filing fee applies.
The C10 category is eligible for automatic EAD extensions when a renewal is timely filed. File before the current card expires, and your existing EAD and work authorization are automatically extended for up to 540 days from the expiration date printed on the card, or until USCIS decides the renewal, whichever comes first.12U.S. Citizenship and Immigration Services. Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization
To prove the extension to an employer, show the expired EAD together with the I-797C receipt notice for the pending renewal. File after the card has already expired and you lose this protection; you cannot legally work until USCIS issues the new card.
Getting a Social Security Number
You can request an SSN directly on the I-765 without a separate trip to Social Security. When USCIS approves the application, it forwards your information to the SSA, which mails the card separately, usually within about 14 days after your EAD arrives.13Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
If you did not check the SSN box on the I-765, or 14 days pass with no card, apply at a Social Security field office. Bring your original EAD (Form I-766) and your birth certificate. SSA does not accept photocopies or notarized copies. The card typically arrives about two weeks after SSA verifies your immigration status with USCIS, though verification delays can add another two weeks. Because SSA uses the exact data on your I-765, make sure names, dates, and other personal details on that form are complete and accurate.
Keeping Your Address Current
Federal law requires every noncitizen to notify the government in writing within ten days of any change of address.14Office of the Law Revision Counsel. 8 USC 1305 – Notices of Change of Address
Because you are in removal proceedings, there is a second obligation: file Form EOIR-33/IC with the immigration court within five business days of moving. If the court sends hearing notices to your old address and you fail to appear, the judge can order you removed in your absence, and that removal order makes you ineligible for cancellation of removal for ten years.15EOIR Respondent Access. Change of Address Form (EOIR-33/IC)
Every move means updating two places: USCIS through Form AR-11 (free, filed online) and the immigration court through EOIR-33/IC. Missing either can end your work authorization, your cancellation case, or both. A missed court notice is one of the most common and preventable ways people lose cases they might otherwise have won.