I-765 Category C9 is the eligibility code you use on Form I-765 when you have a pending Form I-485 (adjustment of status) and want a work permit while you wait for a green card decision. A C9 Employment Authorization Document lets you work for any U.S. employer or be self-employed, and as of December 2025 new C9 EADs are issued for up to 18 months.1U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents Two other 2025 changes matter to anyone filing in 2026: the automatic extension for pending renewals is gone, and the standalone I-765 fee for C9 applicants is $260 unless your I-485 was filed and paid for before April 1, 2024.
Who Qualifies for C9
You qualify if you have filed Form I-485 to adjust status to lawful permanent resident under Section 245 of the Immigration and Nationality Act and that application is still pending.2eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment The underlying basis can be family-based, employment-based, or another qualifying category, and the underlying petition must be either already approved or filed together with the I-485.3U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization
Prior unauthorized employment can disqualify you. Under INA 245(c)(2) and 245(c)(8), USCIS bars adjustment for applicants who accepted or continued unauthorized work, whether before or after filing the I-485. Immediate relatives of U.S. citizens, VAWA applicants, special immigrant juveniles, and certain armed forces members are exempt from that bar.4U.S. Citizenship and Immigration Services. Chapter 6 – Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))
What a C9 EAD Lets You Do
A C9 card is open-market work authorization. You can work for any employer in the country or be self-employed, and you are not tied to the employer that filed your visa petition.5Regulations.gov. Removal of the Automatic Extension of Employment Authorization Documents That is the main practical difference from status-based work authorization such as H-1B, where you can work only for the petitioning employer.
The regulation also builds in a protection for your adjustment case: while your properly filed I-485 is pending and you hold a valid EAD or other USCIS-granted employment authorization, you are not considered an “unauthorized alien” for purposes of the adjustment bar under INA 245(c)(8).2eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment Working under an approved C9 EAD does not jeopardize your green card application.
How to File Form I-765 Under C9
You can file online or on paper. On the form, select eligibility category (c)(9). If you are filing the I-765 separately from your I-485 rather than together, include a copy of your I-485 receipt notice (Form I-797C) as proof that the adjustment case is pending.3U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization
Online filing has two paths: “Fill Out Form Online” and “Upload Completed PDF Online.” If you qualify for a fee exemption (see below), do not use the PDF upload option, because you can be incorrectly charged. Fee-exempt C9 applicants should either use the online form-fill option or mail a paper application.6U.S. Citizenship and Immigration Services. Forms Available to File Online
The Fee
Since April 1, 2024, Form I-765 is no longer bundled into the I-485 filing fee. For C9 applicants with a pending I-485, the I-765 fee is $260, whether filed online or on paper. There is no separate biometric services fee for the I-765.7U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
The important exception: if you filed and paid for your I-485 before April 1, 2024, you can generally continue to file C9 I-765 applications and renewals at no cost while your adjustment case remains pending.7U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
USCIS no longer accepts personal checks, business checks, money orders, or cashier’s checks for paper-filed forms unless you qualify for an exemption. Most paper filers now pay electronically through Pay.gov. If you do qualify for a paper payment exemption, make the check or money order payable to “U.S. Department of Homeland Security,” spelled out in full.8U.S. Citizenship and Immigration Services. Filing Fees
What to Include
- A copy of a government-issued photo identity document, such as a passport, or a birth certificate together with photo ID. If you have held an EAD before, submit a copy of the front and back of that card instead.3U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization
- Proof that your I-485 is pending, typically the I-797C receipt notice. If you filed the I-765 concurrently with the I-485, include the petition receipt notice.9U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-765 (for informational purposes only)
- Two identical passport-style color photos, taken recently, meeting the specifications in the form instructions.
- A copy of Form I-94 (front and back) or a printout of the electronic version.
- Certified English translations of any document in another language.
Processing times for C9 applications vary by service center. As of late 2025 they generally ran between four and seven months, with some centers running longer. Premium processing is not available for C9 EADs. USCIS considers expedite requests case by case for narrow reasons such as severe financial loss beyond simple job need, documented emergencies, government interest, or clear USCIS error, and denies more requests than it grants.10U.S. Citizenship and Immigration Services. Expedite Requests
How Long the EAD Lasts and How Renewal Works in 2026
As of December 5, 2025, USCIS cut the maximum validity for new C9 EADs from five years to 18 months. The reduced period applies to any I-765 that was pending or filed on or after that date. If you already hold a C9 EAD issued with a five-year period before December 5, 2025, it remains valid through the expiration date printed on the card.11U.S. Citizenship and Immigration Services. Policy Alert PA-2025-27
The bigger operational change is the end of automatic extensions. Before October 30, 2025, filing a timely I-765 renewal automatically extended your existing EAD and work authorization for up to 540 days while USCIS processed the renewal. That automatic extension no longer applies to renewal applications filed on or after October 30, 2025.12U.S. Citizenship and Immigration Services. Interim Final Rule Published Ending the Practice of Automatically Extending Certain EADs
The consequence is direct. If your current EAD expires before USCIS approves your renewal, you cannot legally work during the gap. USCIS has said an applicant whose renewal is still pending when the current EAD expires “cannot continue to work for his or her employer” until the new EAD is issued.13Federal Register. Removal of the Automatic Extension of Employment Authorization Documents File your renewal as early as USCIS will accept it. The later you file relative to your expiration date, the more likely you sit through an unpaid gap.
To renew, submit a new Form I-765 with updated documents and the applicable fee (either $260, or no fee if your I-485 was filed and paid for before April 1, 2024). Your I-485 must still be pending. If it has been denied, withdrawn, or approved, C9 no longer applies.
What C9 Does to Your Nonimmigrant Status
If you currently hold a nonimmigrant status like H-1B, F-1, or L-1 and you start working under a C9 EAD, you are generally considered to have abandoned that nonimmigrant status. You remain lawfully present in the United States based on your pending I-485, but the underlying visa status is gone. USCIS has confirmed that once H-1B status expires and someone relies on EAD-based work authorization, that person “will no longer be maintaining a nonimmigrant status.”14U.S. Citizenship and Immigration Services. FAQs for Individuals in H-1B Nonimmigrant Status
Why it matters: if your I-485 is later denied or withdrawn, there is no nonimmigrant status left to fall back on. H-1B holders who want to keep that safety net often continue working under H-1B authorization for the petitioning employer instead of switching to the C9 EAD, at least until the green card looks certain. The tradeoff between employer flexibility and status protection is worth working through with an immigration attorney before you start using the card.
Travel While the I-485 Is Pending
Leaving the country while your I-485 is pending is risky. If you depart without an approved advance parole document, USCIS generally treats the adjustment application as abandoned.15U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS You apply for advance parole on Form I-131. Some applicants receive a combo card that acts as both EAD and advance parole, though USCIS does not always issue one.
H-1B and L-1 status normally allow international travel without advance parole, because re-entry is based on the visa. But once you have used a C9 EAD and effectively abandoned that nonimmigrant status, you need advance parole to leave and return without losing the I-485. Confirm your travel document situation before booking any trip.
Unauthorized Work and Denial Risks
Working without valid authorization while your I-485 is pending can destroy the adjustment case. The bar on adjustment for unauthorized employment applies to any period of stay in the United States, not just the most recent one. The USCIS Policy Manual describes an H-1B worker who switched employers without proper authorization being barred from adjusting status, because the period between leaving the authorized employer and receiving an EAD counted as unauthorized employment.4U.S. Citizenship and Immigration Services. Chapter 6 – Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))
Accruing unlawful presence and then departing can trigger separate reentry bars: more than 180 days but less than one year of unlawful presence followed by departure leads to a three-year bar, and one year or more leads to a ten-year bar.16U.S. Citizenship and Immigration Services. INA 212(a)(9)(B) Policy Manual Guidance The immediate relative, VAWA, special immigrant juvenile, and armed forces exemptions noted earlier apply to the unauthorized employment bar on adjustment.
Most C9 denials come down to avoidable errors: missing I-485 receipt notice, photos that do not meet specifications, missing certified translations, or an out-of-date document. If your I-485 has been denied, withdrawn, or otherwise closed, the I-765 will be denied on that basis alone. Any discrepancy between what you report and what USCIS records show can trigger additional scrutiny. Checking every detail before submission is far cheaper than the months of delay caused by a rejection and refile.