Category(c)(9) generally applies to an employment-authorization request based on a qualifying pending adjustment-of-status application. It is commonly used in marriage-based I-485 cases. The category is based on the adjustment application, not merely on being married or having an I-130 pending. [1]
Check the actual immigration filing
Form I-130 establishes a claimed qualifying relationship. Form I-485 requests adjustment to permanent residence when the applicant is eligible. A marriage certificate and I-130 receipt do not by themselves establish that the person has filed a qualifying I-485 or may work. [2]
If I-765 is submitted with the adjustment package, follow the current instructions for evidence of the associated application. If submitted later, include the appropriate I-485 receipt and other required documents. The applicant should use the category applicable to their own basis rather than copying a friend’s form.
A person with another status or protection may have a different EAD category. Being married does not automatically replace that category, and an ineligible adjustment filing should not be used as a shortcut to employment authorization.
Filing is not permission to begin work
An initial I-765 receipt generally is not an approval to start employment. An existing work-authorized status can supply a separate basis, but its terms must be followed. Renewal and replacement receipt rules involve distinct requirements.
An EAD also should not be treated as a universal travel document. Advance parole and the consequences of departing during adjustment require a separate review. The document actually issued, its annotations, and the applicant’s circumstances matter.
Example: I-130 filed months earlier
A spouse who filed only I-130 should first determine whether and when adjustment is available. Simply selecting(c)(9) on I-765 does not create the missing I-485 basis. Conversely, an eligible applicant with a properly pending adjustment case should preserve the receipt and use it to document that basis.
Before filing, review the applicant’s name, admission record, A-number where applicable, prior EAD information, signatures, and current fee rules. Make sure information matches the underlying adjustment file or explain a legitimate change.
Keep separate receipts for I-130, I-485, and I-765. Approval of one does not necessarily mean the others are approved, and a request for evidence on the adjustment case can require attention even while an EAD application is pending.
Compare concurrent I-130 and I-485 filing with work-permit options during an I-130-only case. A lost card involves replacement procedures.
Primary sources
- 8 CFR 274a.12 (2025 annual edition)
- 8 U.S.C. § 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence
Sources checked: October 31, 2026.