Form I-765 category (c)(9), often printed C09 on an EAD, concerns employment authorization based on a pending adjustment application. The I-485 receipt establishes a pending case; it is not itself permission to begin work. The applicant needs effective authorization for the employment performed. [1]
Identify the correct basis and supporting case
Use the pending adjustment category only when the application and current instructions support it. Keep the I-485 receipt and any prior EAD with the required filing evidence. Another pending immigration request does not automatically qualify for the same category. [1]
An existing employer-specific classification may independently authorize a particular job. Determine whether that classification was maintained and covers the work rather than assume every job can be performed because adjustment is pending. A tax reporting arrangement does not create immigration permission.
Validity and automatic extension are separate
USCIS reduced the maximum validity period for covered adjustment-based initial and renewal EADs from five years to eighteen months for applications pending or filed on or after December 5, 2025. Review the card and decision actually issued. [2]
The rule finalized October 14, 2026 retains the cutoff ending the former automatic-extension practice for renewals filed on or after October 30, 2025, subject to specified exceptions. Qualifying earlier renewals have separate treatment. A new renewal receipt should therefore not be assumed to preserve permission after the current card expires. [3]
Plan renewal and changes in the underlying case
Prepare early enough to follow current filing instructions and preserve proof of acceptance. Check that the category, personal information, supporting notice, and fee or exemption requirements are correct. A rejected filing and a properly accepted renewal are different events.
If the I-485 is denied, withdrawn, or otherwise changes, assess the effect on category (c)(9) authorization. A motion to reopen does not automatically answer the work-permission question. Keep any independent status documentation and obtain a focused review before continuing employment when the basis is uncertain. [1]
For example, a card expiring while a new renewal is pending requires review of the actual extension rules and other effective authorization. The employer’s willingness to keep the job open is not a substitute for permission. Keep the card, receipts, decisions, and current rule applicable to the filing date together. [3]
Related questions
See Working While Your Green Card Is Pending: EAD Rules and What Happens to an EAD if I-485 Is Denied?.
Primary sources
- 8 CFR 274a.12 — 2025 CFR edition
- USCIS Increases Screening, Vetting of Aliens Working in U.S.
- Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)
Sources checked: October 31, 2026.