A category C09 EAD is the work permit U.S. Citizenship and Immigration Services (USCIS) issues to someone with a pending Form I-485 green card application, and it lets you work for any employer in the United States while that application is under review. As of December 5, 2025, newly issued C09 cards are valid for a maximum of 18 months rather than the previous five years, and renewal filings made on or after October 30, 2025 no longer receive an automatic extension while USCIS processes them. Both changes make the timing rules around this category more consequential than they used to be.
Who Qualifies
You qualify for a C09 work permit if you have a properly filed Form I-485, Application to Register Permanent Residence or Adjust Status, that USCIS has accepted and not yet decided. The underlying authority is Section 245 of the Immigration and Nationality Act, which allows certain people already in the United States to apply for permanent residence without leaving the country.1Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence While that application is pending, you can request employment authorization under category (c)(9).2U.S. Citizenship and Immigration Services. Employment Authorization – Section: Form I-765 Category
If USCIS rejected your I-485, never accepted it, or has already decided it, you don’t qualify. Your eligibility lasts only as long as the adjustment case remains open.
How to Apply
You apply on Form I-765, Application for Employment Authorization. In the eligibility category field, enter (c)(9). An incorrect code can trigger a rejection or delay.2U.S. Citizenship and Immigration Services. Employment Authorization – Section: Form I-765 Category You can file the I-765 together with your I-485, or separately after USCIS has already accepted the I-485.3U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
USCIS publishes an optional checklist for C09 filings.4U.S. Citizenship and Immigration Services. Optional Checklist for Form I-765 (c)(9) Filings Your package should include:
- Proof of a pending I-485. If you’re filing separately from the I-485, include a copy of the I-797C receipt notice showing your adjustment case was accepted.
- A copy of a government-issued photo ID, such as a passport or driver’s license.
- Passport-style photos meeting USCIS specifications.
You can file the I-765 online through my.uscis.gov, with one important exception. If your filing is fee-exempt because it was bundled with your I-485, use paper instead. The online portal will still charge you and USCIS will not refund the payment.5U.S. Citizenship and Immigration Services. Forms Available to File Online
Fees
USCIS sets the standalone I-765 filing fee through its published fee schedule and updates it periodically, so check the current amount at uscis.gov/g-1055 before filing. When you file the I-765 concurrently with your I-485, the work authorization fee may be bundled into the I-485 fee, and no separate payment is required.
If you’re filing a standalone I-765 and cannot afford the fee, you can ask USCIS to waive it by submitting Form I-912. USCIS grants waivers based on demonstrated inability to pay, including income at or below 150 percent of the Federal Poverty Guidelines or receipt of a means-tested benefit.6U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
What the C09 EAD Lets You Do
A C09 EAD gives you unrestricted employment authorization. You can work for any employer, change jobs, and accept any position without needing sponsorship or a specific job offer. Immigration practitioners call this open-market work authorization.
When you start a job, your employer will ask you to complete Form I-9. Your EAD is a List A document, meaning it establishes both identity and work eligibility by itself. An employer cannot reject a valid EAD and demand a green card or a specific visa instead. Under federal law, asking for more or different documents than required, when done with discriminatory intent, is an unfair immigration-related employment practice.7Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices
The 18-Month Validity Period
USCIS previously issued C09 EADs valid for up to five years.8U.S. Citizenship and Immigration Services. USCIS Increases Employment Authorization Document Validity Period for Certain Categories On December 5, 2025, the agency cut the maximum validity to 18 months for new and pending C09 applications.9U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents Cards already issued before that date with a five-year validity remain valid through their printed expiration; the change is not retroactive.
Because many green card applications take longer than 18 months to decide, most C09 holders will now need to file at least one renewal I-765 before their case concludes. USCIS recommends filing a renewal no more than 180 days before your current EAD expires, and no later than 90 days before it expires.3U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
Automatic Renewal Extensions Have Ended
This is the change most likely to catch people off guard. For years, filing a timely C09 renewal automatically extended your existing work authorization for up to 540 days while USCIS processed the new application. An interim final rule published on October 30, 2025 eliminated that automatic extension for renewal applications filed on or after that date.10U.S. Citizenship and Immigration Services. Interim Final Rule Published Ending the Practice of Automatically Extending Certain EADs
If you filed your renewal before October 30, 2025 and it is still pending, the old rule still protects you. Your EAD remains valid for up to 540 days past its printed expiration date or until USCIS decides the renewal, whichever comes first. You show ongoing authorization by presenting the expired EAD together with the I-797C receipt notice for the timely renewal.11U.S. Citizenship and Immigration Services. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025
For anyone filing a renewal on or after October 30, 2025, there is no such cushion. If your current EAD expires before USCIS decides the renewal, you have a gap in work authorization and cannot lawfully work during that gap. File as early as the 180-day window allows.
A Word on Travel
A C09 EAD does not authorize international travel. If you leave the United States while your I-485 is pending without an approved advance parole document (Form I-131), USCIS will generally treat your green card application as abandoned.12U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS A narrow exception exists for certain H-1B, H-4, L-1, and L-2 holders who can reenter on their valid nonimmigrant visa, but most adjustment applicants don’t fall into that group. You can file Form I-131 in the same package as your I-765 and I-485.13U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms
If Your I-485 Is Denied
Your C09 authorization exists only because of the pending adjustment application. If USCIS denies the I-485, your work authorization terminates immediately, even if the EAD card still shows time left on its face.8U.S. Citizenship and Immigration Services. USCIS Increases Employment Authorization Document Validity Period for Certain Categories Employment authorization under the (c) categories ends when the underlying application is decided unfavorably.14eCFR. 8 CFR 274a.14 – Termination of Employment Authorization
There is no grace period for working after a denial. You generally have 30 days to file a motion to reopen or reconsider, but you are not authorized to work under C09 during that time. Talk to an immigration attorney before doing anything else.