Form I-765 · Part 2, Item 27
I-765 Eligibility Category (c)(9) (Part 2, Item 27) in 2026
The work permit form asks for a code that explains why you can work. For a marriage-based green card applicant, that code is (c)(9).
Quick answer
Marriage-based green card applicant with a pending or concurrently filed Form I-485? Your I-765 eligibility category is (c)(9). Enter “(c)(9)” in Part 2, Item 27. It is the adjustment of status applicant category, and the resulting work permit is open (any employer) for as long as your I-485 is pending.
Summary
If you are applying for a work permit because you have a marriage-based Form I-485 pending (or filed at the same time), your eligibility category in Part 2, Item 27 is (c)(9), the code for an adjustment of status applicant under section 245. You enter it as the letter and number “(c)(9)” in the box. The work permit you get under (c)(9) lasts while your green card case is pending and is not tied to any specific employer.
| Where it is on the form | Part 2, Item 27 (“Eligibility Category”). You enter a letter-and-number code that tells USCIS why you are allowed to work. |
| Your category | (c)(9) for an adjustment of status applicant under section 245. This is the category for someone with a pending Form I-485, which includes marriage-based green card applicants. |
| How to enter it | Write “(c)(9)” in Item 27, the letter and the number, exactly as the instructions list it. Item 27 is a set of small boxes you type the code into, not a checkbox. |
| What it gets you | An open-market work permit (Employment Authorization Document, or EAD) valid while your I-485 is pending. It is not tied to one employer, unlike some other categories. |
| Filing it | You can file the I-765 together with the I-485, or separately with proof your I-485 is pending (the receipt notice). There is no separate I-765 fee when it is based on a pending (c)(9) I-485. |
Who this page is for
This page is for someone seeking a work permit because they have a pending (or concurrently filed) marriage-based Form I-485. That basis is eligibility category (c)(9). If your right to work comes from a different status (for example, a pending asylum case, a student program, or a specific visa), your category is different, and the Who May File section of the Form I-765 Instructions lists the right code for your situation.
What Item 27 looks like on the form
Item 27 is not a checkbox. It is a set of small boxes where you type the letter-and-number code for your eligibility category.
Verbatim -- Part 2, Item 27 (Form I-765, edition 08/21/25)
“Eligibility Category. Refer to the Who May File Form I-765 section of the Form I-765 Instructions to determine the appropriate eligibility category for this application. Enter the appropriate letter and number for your eligibility category below (for example, (a)(8), (c)(17)(iii)).”
The instructions list the marriage-based situation under the Adjustment of Status categories:
Verbatim -- Adjustment Applicant under Section 245 (I-765 Instructions, edition 08/21/25)
“Adjustment Applicant under Section 245--(c)(9). File Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status, or if filing separately, submit a copy of your Form I-485 receipt notice or other evidence that your Form I-485 is pending.”
Always complete the current edition downloaded from uscis.gov/i-765; USCIS rejects outdated editions.
Common wrong choices on this field
The eligibility code is exact. A wrong code is a frequent reason a work-permit application is rejected or delayed.
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Confusing (c)(9) with (c)(8)
(c)(8) is the category for someone with a pending asylum application. (c)(9) is the category for someone with a pending adjustment of status (Form I-485). A marriage-based green card applicant uses (c)(9), not (c)(8). Mixing them up is the most common eligibility-category error.
- 02
Using an (a) category instead of (c)(9)
The (a) categories (such as (a)(3) for refugees or (a)(5) for asylees) are for people who already hold a specific status. A marriage-based applicant adjusting under section 245 files under (c)(9). The instructions specifically tell refugees and asylees adjusting on Form I-485 not to use (c)(9), and the reverse is also true: a section 245 adjustment applicant should not borrow an (a) category.
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Leaving Item 27 blank or writing a description
Item 27 wants the code itself, “(c)(9)”, not a sentence like “adjustment of status.” A blank or a description instead of the code can lead to a rejection or a Request for Evidence.
Filing the work permit with your green card packet?
Our software fills Form I-765 with the right (c)(9) category, files it alongside your I-485, and keeps your details consistent across the whole marriage-based packet.
Start FreeWhat USCIS does with the eligibility category
The eligibility category tells USCIS the legal basis for your work permit, and it controls how the application is processed and what evidence is required. For (c)(9), USCIS checks that you have a pending Form I-485, so the I-765 either travels with the I-485 or is supported by the I-485 receipt notice. The category also determines the kind of work permit issued: (c)(9) produces an open-market Employment Authorization Document that is not restricted to a single employer, valid while the adjustment application is pending.
Related guides
Form and pathway context
Frequently asked questions
What eligibility category does a marriage green card applicant use on Form I-765?
(c)(9), the adjustment of status applicant category under section 245. If you have a pending Form I-485 (or are filing it at the same time as the I-765), you enter “(c)(9)” in Part 2, Item 27.
What is the difference between (c)(9) and (c)(8)?
(c)(9) is for someone with a pending adjustment of status application (Form I-485), which includes marriage-based green card applicants. (c)(8) is for someone with a pending asylum application. They are different bases for a work permit, so use the one that matches your case.
Do I pay a separate fee for the I-765 under (c)(9)?
When the I-765 is based on a pending (c)(9) adjustment of status application, there is no separate I-765 filing fee. You can file the I-765 together with the I-485, or separately with a copy of your I-485 receipt notice as proof the I-485 is pending.
How long is the (c)(9) work permit valid?
A (c)(9) Employment Authorization Document is valid while your Form I-485 is pending. If your green card has not been approved by the time the card is close to expiring, you file a renewal I-765, again under (c)(9), to keep your work authorization current.
Is the (c)(9) work permit tied to a specific employer?
No. A (c)(9) EAD is an open-market work permit. It lets you work for any employer in the United States while your adjustment of status application is pending, unlike some employer-specific work authorizations.
Key takeaways
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Marriage-based green card applicants with a pending or concurrently filed Form I-485 use eligibility category (c)(9) on Form I-765, Part 2, Item 27.
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Enter the code itself, “(c)(9)”, not a description. It is the adjustment of status applicant category under section 245.
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Do not confuse (c)(9) with (c)(8) (pending asylum) or with the (a) categories (refugees, asylees with status).
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There is no separate I-765 fee when it is based on a pending (c)(9) I-485; file it with the I-485 or with the I-485 receipt notice.
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The (c)(9) work permit is open-market (any employer) and valid while the I-485 is pending; renew under (c)(9) if it nears expiration before approval.
This page is for educational purposes only and is not legal advice. Green Card Genius is self-help immigration software, not a law firm, and does not provide legal representation. Immigration law and USCIS policy change frequently. For advice on a specific case, consult a licensed immigration attorney. Form I-765, edition 08/21/25. Last verified May 2026.
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