An approved I-140 does not itself authorize you to work. To get an EAD after I-140 approval, you file Form I-765: under category (c)(9) if you have a pending Form I-485 adjustment of status, or under category (c)(35) if your priority date is not current but you can show compelling circumstances. Two rule changes in late 2025 also shortened the EAD’s validity and ended the automatic extension for renewals, so timing now matters more than the paperwork itself.
Filing an EAD With a Pending I-485
The standard route is Form I-765 under category (c)(9), filed together with or after Form I-485. It is open to principal beneficiaries of approved I-140 petitions in the EB-1, EB-2, and EB-3 categories.1U.S. Citizenship and Immigration Services. Green Card for Employment-Based Immigrants
You can only file I-485 when a visa number is available for your preference category and country of chargeability. The Department of State’s monthly Visa Bulletin tells you whether your priority date qualifies.2U.S. Citizenship and Immigration Services. Visa Availability and Priority Dates When it does, you can file I-485 and I-765 at the same time (concurrent filing).3U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485 If your I-485 is already on file, you can send in Form I-765 later with a copy of your I-485 receipt notice.4U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
Once issued, a (c)(9) EAD lets you work for any U.S. employer. You are not locked to the employer who sponsored your I-140, which is a real advantage over employer-specific statuses like H-1B.
Compelling Circumstances EAD When Your Priority Date Is Not Current
If your priority date is not current, you cannot file I-485, and the (c)(9) route is closed. A narrower option exists under category (c)(35): a discretionary EAD for workers stuck in long backlogs who face hardship beyond the ordinary.
To qualify for an initial (c)(35) EAD, you must meet all of the following:5U.S. Citizenship and Immigration Services. Employment Authorization in Compelling Circumstances
- You are the principal beneficiary of an approved I-140 in EB-1, EB-2, or EB-3.
- You are in E-3, H-1B, H-1B1, O-1, or L-1 status (including any applicable grace period) on the date you file.
- You have not filed Form I-485.
- No immigrant visa is authorized for issuance based on your priority date under the current Visa Bulletin.
- You have not been convicted of a felony or two or more misdemeanors.6eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
USCIS decides what counts as “compelling” case by case. The policy manual points to situations like a serious illness or disability that forces a move or a change in work, a documented dispute involving illegal or abusive employer conduct (including whistleblower actions), substantial harm beyond ordinary job loss such as losing health coverage while a dependent is in treatment, and departures that would significantly disrupt the employer where the worker has no other basis to continue working.7U.S. Citizenship and Immigration Services. Certain Employment-Based Immigrants in Compelling Circumstances A routine job loss, on its own, does not qualify.
A (c)(35) EAD is granted in one-year increments. You can renew if compelling circumstances persist, or if your priority date has moved to within one year of the Final Action Date on the Visa Bulletin.6eCFR. 8 CFR 204.5 – Petitions for Employment-Based Immigrants
How to File Form I-765
Whether you file under (c)(9) or (c)(35), the form is the same.
Where and How to File
Category (c)(9) applicants can file Form I-765 online through a USCIS account.8U.S. Citizenship and Immigration Services. Forms Available to File Online If your (c)(9) filing is fee-exempt, file the paper form by mail; paying the fee online when you were entitled to an exemption will not get you a refund.
Supporting Documents
A (c)(9) filing needs a copy of your I-140 approval notice and either a copy of your I-485 receipt notice or evidence that your I-485 is pending.4U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization Two passport-style photos and a government-issued ID are typically required. A (c)(35) filing also needs documentation supporting the compelling circumstances claim.
Fees
Fees depend on the eligibility category and whether you are filing concurrently with I-485. USCIS announced FY 2026 inflation increases effective January 1, 2026.9U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees Confirm the current amount on the USCIS site before filing. An outdated fee will get the application rejected.
Requesting a Social Security Number
Form I-765 has a section where you can request an original Social Security number and card. If you complete it, SSA mails the card separately, typically within 14 days after you receive your EAD.10Social Security Administration. Apply For Your Social Security Card While Applying For Your Work Permit, Lawful Permanent Residency, or U.S. Naturalization It saves a trip to a Social Security office.
Renewing Your EAD Under the 2025 Rules
Two changes late in 2025 reshaped renewal.
Validity Cut to 18 Months
As of December 5, 2025, USCIS reduced the maximum validity of newly issued (c)(9) EADs from five years to 18 months. The change applies to any application pending or filed on or after that date.11U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents EADs issued earlier keep their printed expiration, but the next renewal is capped at 18 months.
No More Automatic Extensions
The old rules gave a timely renewal filer up to 540 days of automatic work authorization while USCIS processed the case. An interim final rule effective October 30, 2025, ended automatic extensions for renewal applications filed on or after that date.12U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization Renewals filed before October 30, 2025, still get the old extension. For renewals filed after that date, your EAD expires on its printed date whether or not a renewal is pending.
The practical consequence is a real risk of a work-authorization gap. You cannot legally work during that gap, and your employer must stop letting you work when the card expires, even if the renewal is sitting at USCIS.
When to File the Renewal
USCIS accepts renewals up to 180 days before the current EAD expires and recommends filing within that window.4U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization With no automatic extension, file as early in that window as you can. Look up current processing times at your service center using the USCIS Case Processing Times tool.13U.S. Citizenship and Immigration Services. Case Processing Times If posted times run beyond 180 days, plan around that.
The renewal itself is another Form I-765, a copy of the expiring EAD, and evidence that your I-485 remains pending in the same employment category.
Travel While Your Application Is Pending
Leaving the United States while your I-485 is pending, without an advance parole document, is treated by USCIS as abandonment of the adjustment application.14U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS The I-485 ends, and the (c)(9) EAD tied to it goes with it.
There is a carve-out. Applicants maintaining valid H-1B or L-1 status (and their H-4 or L-2 dependents) who are returning to the same employer and hold a valid H or L visa stamp do not abandon the I-485 by traveling.15eCFR. 8 CFR 245.2 – Application Everyone else needs advance parole before leaving. Advance parole is requested on Form I-131, and some applicants receive a combo card that works as both EAD and advance parole.
Changing Jobs Under AC21
A (c)(9) EAD lets you work for any employer, but your I-485 is still tied to the job described in the I-140. To change employers or positions without derailing the green card case, you need job portability under the American Competitiveness in the Twenty-First Century Act (AC21).
Under INA Section 204(j), your I-140 remains valid through a job change if your I-485 has been pending for 180 days or more and the new position is in the same or a similar occupational classification as the one in the original petition.16Office of the Law Revision Counsel. 8 USC 1154 – Procedure for Granting Immigrant Status You do not need a new I-140 from the new employer.
You confirm the new job through Form I-485, Supplement J. USCIS looks at the duties, skills, and occupational classification of both roles to decide whether the match is close enough; it does not have to be identical, but there should be a marked resemblance.17U.S. Citizenship and Immigration Services. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21 Switching jobs before 180 days or moving into a substantially different occupation puts the I-485 at risk of denial, and a new I-140 from the new employer would be required to restart.18U.S. Citizenship and Immigration Services. Chapter 5 – Job Portability After Adjustment Filing and Other AC21 Provisions
How Visa Retrogression Affects Your EAD Options
Retrogression happens when demand in a preference category or from a country exceeds the annual visa supply, pushing priority dates backward. Backlogs are longest for applicants born in India and China.19Department of State. Visa Bulletin For April 2026 Where retrogression leaves you depends on whether your I-485 is already filed:
- If your priority date was current when USCIS accepted your I-485 and I-765, later retrogression does not undo the filing. The I-485 stays pending, and you can keep renewing the EAD as long as the I-485 is open, even if the date is no longer current.
- If your date is not current before you file, you cannot submit I-485 or a (c)(9) I-765. The only EAD option is the compelling circumstances route under (c)(35), if you meet the requirements.
Watching the monthly Visa Bulletin is part of the job. Priority dates move both directions, and missing a filing window when your date is current can cost years.
Keeping Your Address Current
If you move while an EAD application or I-485 is pending, you must notify USCIS of the new address within 10 days. The obligation applies to noncitizens staying more than 30 days.20U.S. Citizenship and Immigration Services. How to Change Your Address Update it through your USCIS online account or file Form AR-11. A missed update can send your EAD to the wrong address, and USCIS treats a failure to report an address change as grounds for adverse action in some cases.