An EAD based on a pending I-485 can lose its underlying basis when adjustment is denied. Do not assume the printed card expiration allows work regardless of the denial. [1]
Identify the authorization category
A category (c)(9) card depends on the adjustment application. An independent authorization or work-authorized nonimmigrant status may present a different analysis. The actual denial and termination provisions must be checked. [3][1]
Filing a motion to reopen or reconsider generally does not automatically stay the denial. A receipt for that motion is not a new work permit. [2]
Confirm work permission before continuing
Keep the I-485 decision, EAD, pending filings, and any separate status approvals. Determine whether the employer-specific or independent authorization remains valid. [1]
If USCIS reopens the case, review the reopening notice and current rules rather than assuming all consequences are retroactively erased. Responding to the immigration denial and verifying employment permission are both necessary tasks. [1]
Practical application
Someone holding both an adjustment-based EAD and a separate employer-sponsored classification should review which authority actually supports the proposed job. The EAD and status approval are not interchangeable documents. If the adjustment case is denied, the existence of another unexpired paper does not answer whether that classification was maintained and still authorizes this employment. Give the employer accurate current authorization evidence. [3]
Termination rules and case notices matter
The employment regulations address automatic termination and termination on notice in specified circumstances. Determine which rule applies to the actual authorization and decision. A pending I-485 and an approved I-485 produce different employment situations, and a denied application should not be treated as still pending simply because a challenge is being prepared. If work must stop, coordinate accurate records with the employer and preserve any new authorization when issued. An employer’s willingness to keep a worker does not create immigration permission, and a filing acknowledgment cannot be substituted for an effective authorization when one is required. [1] [2]
Related questions
Related guidance: Working While Your Green Card Is Pending: EAD Rules and category (c)(9) adjustment EADs and Form I-765.
Primary sources
- 8 C.F.R. § 274a.14 — 2025 CFR edition
- Current 8 CFR 103.5 — eCFR
- Current 8 CFR 274a.12: Employment Authorization Classes
Sources checked: October 31, 2026.