Who this guide is for
- Applicants with a pending Form I-485
- Families planning work while a case is pending
What (c)(9) means
Category (c)(9) on Form I-765 is for applicants whose Form I-485 is pending. It can be filed together with Form I-485 or later while it is still pending. Asylees and refugees adjusting status use different categories, and MimiDocu prepares only (c)(9).
What the card allows
- Lawful employment in the United States during the validity period shown on the card
- It does not by itself grant permanent residence
Renewals
If your Form I-485 is still pending as your card nears expiration, you can file a new Form I-765 to request a renewal. Check the USCIS Form I-765 page for current renewal timing.
Questions about filling out Form I-765
What do I enter as my eligibility category?
For a work permit based on a pending Form I-485, the eligibility category is (c)(9).
Enter it in the eligibility category item using the format shown in the Who May File section of the instructions. The other category items on the form, such as STEM OPT or (c)(8), do not apply to (c)(9) applicants.
Form section: Part 2. Information About You, Item 27 (Eligibility Category) · Edition 08/21/25
Which reason for applying do I select?
Select initial permission if this is your first (c)(9) card, renewal if you are renewing it, or replacement if a card was lost, stolen or damaged.
A replacement for a card with an error caused by USCIS has its own rules in the instructions.
Form section: Part 1. Reason for Applying (Items 1.a. to 1.c.) · Edition 08/21/25
Do I need my Form I-485 receipt number?
If you file Form I-765 separately from your Form I-485, the instructions ask for evidence that the I-485 is pending, such as a copy of the receipt notice.
If you file both forms together, you submit them in the same package. Filing Form I-765 does not by itself authorize employment.
Form section: Instructions: Who May File, category (c)(9), and Required Documentation · Edition 08/21/25
Important considerations
- Confirm current processing information on the USCIS website rather than relying on estimates.
When to consider legal help
Consider speaking with a qualified immigration attorney or accredited representative if your situation involves any of the following:
- Any arrest, criminal charge, or conviction, in any country
- Past or current removal (deportation) proceedings, or a prior removal order
- Unlawful presence, a prior visa overstay, or a past immigration violation
- Questions about whether you need a waiver or qualify for an exception
- A pending Form I-485 that received a request for evidence or notice of intent to deny
Official USCIS sources
Fees, mailing addresses, form editions, and processing times change. Always confirm them on the official USCIS pages below before you file.
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MimiDocu is an independent document-preparation service. MimiDocu is not a law firm, does not provide legal advice, does not submit applications to USCIS, and is not affiliated with USCIS or the U.S. government.
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