If you’re filing Form I-765 for a work permit because you’re married to a U.S. citizen or lawful permanent resident and have a green card application in progress, the I-765 eligibility category for marriage-based applicants is (c)(9). That code covers anyone with a pending Form I-485 adjustment of status application, which is the route marriage-based applicants inside the United States use.1USCIS. Form I-765 Instructions Marriage itself is not a separate I-765 code; the work permit rides on top of the pending adjustment.
Why (c)(9) Is the Right Code
The (c)(9) category identifies you as someone adjusting status to permanent resident under Section 245 of the Immigration and Nationality Act.2Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence When your green card is based on marriage and you’re inside the U.S. on a valid status, you file Form I-485 to adjust, and (c)(9) is the code that lets you request a work permit tied to that pending case.
Don’t confuse (c)(9) with categories built for other situations. Asylum seekers file under (c)(8), and refugees use (a)(3). If you’re a refugee or asylee who also happens to have a pending I-485, the I-765 instructions tell you to file under your refugee or asylum category rather than (c)(9).1USCIS. Form I-765 Instructions For a straightforward marriage-based adjustment, (c)(9) is the answer.
Filing With or After the I-485
You have two options. You can file Form I-765 at the same time as your I-485, bundled in one package. Or you can file the I-765 later, after USCIS has already accepted your adjustment application. If you file separately, include a copy of your I-485 receipt notice (Form I-797C) so USCIS can confirm the adjustment is pending.1USCIS. Form I-765 Instructions
Filing concurrently has one clear advantage: the base filing fee for the I-765 is lower when it goes in with the I-485. It also lets you request a combination card that serves as both an EAD and an advance parole travel document, provided the name and address on your I-765 and I-131 match exactly.3U.S. Citizenship and Immigration Services. USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants – Questions and Answers Whether USCIS issues a single combined card or two separate documents depends on current processing practices.
Documents to Include
A clean (c)(9) filing needs proof of identity, proof of the pending adjustment, and evidence connecting you to the marriage-based basis for that adjustment. Missing items trigger a Request for Evidence, which can add months.
Identity and Immigration Records
If you’ve never held an EAD before, submit a copy of a government-issued photo ID showing your picture, name, and date of birth. A passport, a national ID card, or a birth certificate paired with a photo ID all work. Include a copy of your I-94 Arrival/Departure Record, your passport, or another travel document.1USCIS. Form I-765 Instructions If your name changed through marriage, include documentation of the name change.
Marriage Evidence
Submit a certified copy of your marriage certificate. If it isn’t in English, include a certified translation with the translator’s written attestation of competence and accuracy.4U.S. Department of State. Information about Translating Foreign Documents If either spouse was previously married, include a divorce decree or death certificate showing that the earlier marriage ended.1USCIS. Form I-765 Instructions
Proof That the Adjustment Is Pending
If you’re filing concurrently, USCIS sees the I-485 in the same package. If you’re filing separately, attach a copy of your I-485 receipt notice. USCIS publishes an optional checklist for (c)(9) filings that’s worth running through before mailing anything.5U.S. Citizenship and Immigration Services. Optional Checklist for Form I-765 (c)(9) Filings
What It Costs in 2025
Fees for Form I-765 changed substantially in 2025, so older figures you may find online are out of date. There are now two components: the base USCIS filing fee and a supplemental fee required by the HR-1 reconciliation legislation.
The base USCIS fee is $470 for online filing or $520 for paper. If you file the I-765 concurrently with your I-485, the base fee drops to $260. On top of that, HR-1 adds $550 for initial EAD applications and $275 for renewals, applied to applications postmarked on or after July 22, 2025.6U.S. Citizenship and Immigration Services. USCIS Updates Fees Based on H.R. 1 An initial (c)(9) I-765 filed with an I-485 therefore runs $810 in combined fees, while a standalone initial filing is $1,020 or more.
USCIS has a fee waiver process for applicants who can show inability to pay.7U.S. Citizenship and Immigration Services. Filing Fees Whether the HR-1 supplemental fee is waivable may depend on the specific terms of the legislation, so confirm current amounts on the USCIS fee schedule before filing.
Do Not Start Working Until the EAD Is in Your Hand
Filing the I-765, or even the I-485, does not authorize you to work. You have to wait for USCIS to issue the physical Employment Authorization Document.8U.S. Citizenship and Immigration Services. USCIS Policy Manual, Volume 7, Part B, Chapter 6 – Unauthorized Employment
The consequences are severe. Accepting unauthorized employment before filing your adjustment application creates a bar to adjusting status. A separate provision bars adjustment for anyone who has ever worked without authorization, whether before or after filing, and it reaches back to prior periods in the United States.8U.S. Citizenship and Immigration Services. USCIS Policy Manual, Volume 7, Part B, Chapter 6 – Unauthorized Employment The same rule applies if your existing EAD expires before a renewal is approved. You have to stop working. There is no informal grace period for “I filed on time.”
Validity and Renewal Under the New Rules
Two recent changes shape how (c)(9) applicants should think about renewal. First, as of December 5, 2025, USCIS cut the maximum validity of a (c)(9) EAD from five years to 18 months. This applies to all initial and renewal applications pending or filed on or after that date.9U.S. Citizenship and Immigration Services. Policy Alert – Employment Authorization Validity Most people waiting on a green card will need to renew at least once.
Second, USCIS ended automatic EAD extensions for applications filed on or after October 30, 2025. Under the old rule, filing a timely renewal extended your existing EAD for up to 540 days while USCIS worked through the case. That cushion is gone.10Federal Register. Removal of the Automatic Extension of Employment Authorization Documents If your current EAD expires before the renewal is approved, work authorization ends and your employer has to take you off payroll until the new card arrives.
USCIS recommends filing renewals no more than 180 days before the current EAD expires, and at least 90 days before expiration.11U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization With automatic extensions gone, filing at the earliest end of that window is the only real protection against a gap.
Travel While the Case Is Pending
Leaving the United States while your I-485 is pending, without an approved advance parole document, causes USCIS to treat the adjustment application as abandoned.12U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS If the I-485 dies, your (c)(9) I-765 dies with it, because the work permit depends on a pending adjustment.
Advance parole is requested on Form I-131, which you can file together with your I-765 and I-485. A narrow set of nonimmigrants can travel without advance parole and still preserve a pending adjustment. Valid H-1B or L-1 status holders and their dependents, along with certain K and V nonimmigrants, may travel abroad without automatically abandoning the case.13U.S. Customs and Border Protection. Advance Parole Anyone outside that group needs the advance parole document in hand before booking a flight.
Biometrics, Photos, and the SSN Request
Starting in December 2025, USCIS changed how photos work for Form I-765. Instead of mailing in passport-style photos, you now have your photo taken at an Application Support Center during a biometrics services appointment. USCIS sends a notice with the date, time, and location after accepting your application. Missing the appointment without rescheduling can result in denial. There is no separate biometrics fee beyond the filing fees you’ve already paid.
Form I-765 also includes a section where you can request a Social Security number and card. If you complete it, USCIS shares the necessary information with the Social Security Administration after approving your case. The SSN card arrives by mail separately from the EAD, generally within 14 days of when you receive the work permit.14Social Security Administration. Apply for Your Social Security Card While Applying for Your Work Permit, Lawful Permanent Residency, or U.S. Naturalization If it doesn’t show up in that window, contact your local Social Security office.
Processing times for (c)(9) applications vary by service center and shift throughout the year. Check the USCIS Case Processing Times page for current figures at the office handling your case.15U.S. Citizenship and Immigration Services. Case Processing Times Filing a complete package with the right category code, matching documents, and current fees is the single best thing you can do for your timeline.