To work legally while your green card application is pending, you need an Employment Authorization Document in the I-485 EAD Category C09. Filing Form I-485 alone does not authorize work. You get the work permit by filing a separate Form I-765 and entering eligibility code (c)(9) on the application. Two recent changes shape everything about how you plan this: USCIS cut the maximum EAD validity from five years to 18 months, and it eliminated the automatic extension for renewals filed on or after October 30, 2025.
Who Qualifies Under (c)(9)
The (c)(9) category covers anyone with a properly filed Form I-485 pending with USCIS. Federal regulations at 8 CFR § 274a.12(c)(9) define this group as people who have applied to adjust status to lawful permanent resident under section 245 of the Immigration and Nationality Act.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment The basis of your adjustment — family, employment, or another category — does not affect eligibility, though it does affect which lockbox address you use.
Your I-485 must stay actively pending for the EAD to stay valid. If USCIS denies the adjustment or you withdraw it, the agency can revoke work authorization through a Notice of Intent to Revoke. The EAD is also a discretionary benefit, so meeting the basic requirements does not guarantee approval; serious adverse factors can lead to a denial even when the paperwork is complete.2U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1, Part E, Chapter 8 – Discretionary Analysis
How to File Form I-765
You can file Form I-765 online through a USCIS account or by mail.3U.S. Citizenship and Immigration Services. Form I-765, Application for Employment Authorization Online filing is generally faster and lets you track the case in real time. If you file on paper, use one form edition throughout — mismatched or missing pages get the packet rejected.
The critical field is Part 2, Item 27, the eligibility category. Enter (c)(9).4U.S. Citizenship and Immigration Services. Form I-765 Instructions The wrong code is one of the fastest ways to trigger a rejection. You can file the I-765 concurrently with the I-485 or later; if you file later, include a copy of your I-797C receipt notice or other proof that the I-485 is pending.
What to Include
- Form I-797C, Notice of Action, showing USCIS accepted your I-485.5U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
- Two identical passport-style photos, taken recently, white or off-white background, glossy, unmounted, and not digitally retouched. Retouched photos delay the case and may require an in-person identity check.
- A copy of a government-issued photo ID such as your passport biographical page or driver’s license.
- A copy of any prior EAD, front and back.
Any foreign-language document needs a certified English translation, with the translator signing a statement certifying fluency in both languages and the accuracy of the translation.
If you do not already have a Social Security number, answer “Yes” to the SSN questions on Form I-765 and list your parents’ names. When USCIS approves the EAD, SSA mails the card separately, generally within about 14 days.6Social Security Administration. Apply for Your Social Security Number While Applying for Your Work Permit and/or Lawful Permanent Residency
Fees and Filing Address
Whether you owe a fee depends on when the I-485 was filed. If you filed and paid the I-485 fee before April 1, 2024, the I-765 fee was bundled in, and you owe nothing for initial or renewal C09 filings while that I-485 stays pending. If the I-485 was filed on or after April 1, 2024, the I-765 costs $260 each time you file.7U.S. Citizenship and Immigration Services. 2024 Final Fee Rule
For paper filings, the mailing address depends on the type of I-485. Family-based applicants with receipt numbers starting “MSC” or “IOE” use a different lockbox than employment-based applicants, and VAWA, T, and U cases have their own addresses.8U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-765 Sending your application to the wrong lockbox can add weeks. If you move while the case is pending, update your address with USCIS within 10 days through the Enterprise Change of Address tool in your online account, and enter every receipt number so the update applies to each case.9U.S. Citizenship and Immigration Services. How to Change Your Address A USPS forwarding order does not update USCIS records, and USPS will not forward USCIS mail.
The 18-Month Validity Limit
Before December 5, 2025, USCIS issued C09 EADs valid for up to five years. The agency then reduced the maximum validity to 18 months for both initial and renewal EADs in the C09 category.10U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents The new limit applies to any application pending or filed on or after December 5, 2025. Five-year EADs already issued before that date remain valid through their printed expiration; USCIS is not recalling existing cards.11U.S. Citizenship and Immigration Services. Policy Alert – Updating Certain Employment Authorization Document Validity Periods
With an 18-month window, most adjustment applicants whose I-485 cases run for years will need to renew at least once, sometimes several times. That makes the renewal rules below the most important part of planning your work authorization.
Renewals and the End of Automatic Extensions
To renew, file a new Form I-765 under (c)(9) with the same documentation. What changes is what happens if USCIS does not decide the renewal before your card expires.
Renewals Filed Before October 30, 2025
If you filed the renewal before October 30, 2025, the 540-day automatic extension applies. The expiring EAD and its work authorization remain valid for up to 540 days beyond the printed expiration, as long as the renewal was timely, properly filed, and in an eligible category (C09 qualifies).12eCFR. 8 CFR 274a.13 – Application for Employment Authorization To prove the extension, show your employer the expired EAD together with the I-797C receipt notice for the pending renewal.
Renewals Filed On or After October 30, 2025
For any renewal filed on or after October 30, 2025, there is no automatic extension.13Federal Register. Removal of the Automatic Extension of Employment Authorization Documents If USCIS has not approved the new EAD by the expiration date on your current card, you lose work authorization until the new card is issued. File well ahead — at least six months before expiration is a reasonable target, and even that may not be enough if processing slows.
If you face a genuine emergency, you can ask USCIS to expedite the I-765. Qualifying reasons include severe financial loss and urgent humanitarian situations, and the agency has sole discretion to grant or deny.14U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1, Part A, Chapter 5 – Expedite Requests Simply needing to work is not enough, and delay of your own making usually defeats the request.
Showing the EAD to Your Employer
Your employer verifies your right to work on Form I-9. A valid EAD is a List A document, proving both identity and work authorization on its own.
If your renewal qualifies for the 540-day automatic extension (filed before October 30, 2025), your employer records the EAD information for Form I-9 and enters an expiration date calculated as 540 days after the printed “Card Expires” date, with the notation “EAD EXT” in the additional information field.15U.S. Citizenship and Immigration Services. Handbook for Employers M-274, Section 5.1 The employer reverifies at the end of the extension period.
For renewals filed on or after October 30, 2025, no extension applies. Your employer cannot accept an expired EAD, and you cannot be reverified until the new physical card arrives.
Traveling While the I-485 Is Pending
Leaving the United States while your I-485 is pending, without proper travel authorization, generally counts as abandoning the adjustment application.16U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS To travel and return, you need an approved advance parole document from Form I-131. USCIS no longer issues the combined EAD and advance parole “combo card,” so Form I-765 and Form I-131 are filed and issued separately.
Holders of certain dual-intent visas, such as H-1B and L-1, can generally travel on their valid visa stamp and re-enter without advance parole. If the visa has expired or your status is uncertain, get legal advice before booking. Losing the adjustment case is not a risk worth guessing on.
Changing Jobs on a Pending Employment-Based I-485
Under the American Competitiveness in the Twenty-First Century Act, an approved or approvable I-140 stays valid when you change employers if the I-485 has been pending at least 180 days and the new position is in the same or a similar occupational classification.17Office of the Law Revision Counsel. 8 USC 1154 – Procedure for Granting Immigrant Status USCIS weighs “same or similar” using Department of Labor occupation codes, duties, skills, and educational requirements.18U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7, Part E, Chapter 5 – Job Portability After Adjustment Filing A software engineer moving to a senior software engineer role at a different company would typically qualify; a switch to a marketing director role likely would not. You file Form I-485 Supplement J to confirm the new job offer. The C09 EAD is not employer-specific, so the card itself does not need to be reissued.
AC21 portability applies only to employment-based first, second, and third preference cases. Family-based applicants can change jobs freely; their adjustment is not tied to an employer.
Replacing a Lost, Stolen, or Damaged EAD
Replacing an EAD means filing a new Form I-765 and paying the applicable fee.3U.S. Citizenship and Immigration Services. Form I-765, Application for Employment Authorization There is no faster track — the replacement runs through the same process as a new application. If the card was never delivered because of a USCIS or postal error, the agency may reissue it without an additional fee. While you wait, you have no physical document to show employers, and unless another valid work authorization covers you, you cannot work during that gap. Store the card securely and keep digital copies of both sides.