Form I-765 · Part 1, Item 1
I-765 Initial vs Renewal After OPT (Part 1, Item 1): Why It Is Initial in 2026
You had a work permit through F-1 student OPT, and now you are applying through your marriage green card case. Part 1, Item 1 asks Initial or Renewal. The answer surprises people.
Quick answer
Worked on F-1 student OPT before? Your marriage green card work permit is still Initial permission to accept employment: select Part 1, box 1.a, not Renewal. A Renewal only applies when the new card is in the same eligibility category as the old one. OPT is category (c)(3); a work permit based on a pending marriage green card is category (c)(9). The category changed, so it is your first card in that category. Select 1.a.
Summary
If you previously worked on F-1 student OPT (Optional Practical Training, the temporary work period after finishing a U.S. degree) and are now applying for a work permit through your marriage green card case, the reason for applying on Form I-765, Part 1, Item 1 is 1.a, Initial permission to accept employment. It is not a renewal. The Form I-765 Instructions define a Renewal EAD (Employment Authorization Document, the work permit card) as one issued after a previous card under the same eligibility category. OPT is category (c)(3). A work permit based on a pending marriage green card, called adjustment of status, is category (c)(9). Because the category changed, this is your first card in the (c)(9) category, which makes it Initial. You still answer Yes at Part 2, Item 12, that you have applied for a work permit before.
| Where it is on the form | Part 1, Item 1 (“Reason for Applying”). You select one box: 1.a Initial, 1.b Replacement, or 1.c Renewal. This page is about choosing between 1.a and 1.c after you held OPT. |
| Answer for a former OPT holder | 1.a, Initial permission to accept employment. A prior OPT card does not make the new marriage-based work permit a renewal. |
| Why it is not a renewal | The instructions define a Renewal EAD as a card issued “under the same category” as the expired one. OPT is category (c)(3); a pending marriage green card is category (c)(9). The category changed. |
| Item 12 (Part 2) | Still “Yes.” You have applied for a work permit before (your OPT), so Item 12 is Yes even though the reason in Item 1 is Initial. Provide copies of your previous cards if you have them. |
| Eligibility category (Part 2, Item 27) | (c)(9) for a marriage-based adjustment applicant, whichever reason you select in Item 1. |
Who this page is for
This page is for a marriage-based green card applicant who worked on F-1 OPT and is now choosing between Initial and Renewal in Part 1, Item 1, with a pending Form I-485 (eligibility category (c)(9)). It covers the Initial-versus-Renewal choice only. If your F-1 status lapsed, your OPT authorization expired with a gap before your green card work permit, or you worked after your OPT end date without authorization, those facts have legal consequences for your case that go beyond which box to check. Consult an immigration attorney before completing this field. That branch is flagged again below.
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What Part 1, Item 1 looks like on the form
Part 1 lists three reasons. You select exactly one. For a former OPT holder the choice is between 1.a (Initial) and 1.c (Renewal).
The Form I-765 Instructions describe the two reasons in one line each:
Verbatim -- Specific Instructions, Part 1 (I-765 Instructions, edition 08/21/25, page 18)
“You must select one Item Number that best describes your reason for applying:”
“Item Number 1.a. Initial permission to accept employment.”
“Item Number 1.c. Renewal of your employment authorization document. If you select Item Number 1.c., attach a copy of your previous EAD.”
How the instructions define Initial and Renewal
The word that decides your answer is “category.” Page 1 of the instructions defines each type of card:
Verbatim -- Definitions (I-765 Instructions, edition 08/21/25, page 1)
“Initial EAD: An EAD issued to an eligible applicant for the first time under a specific eligibility category.”
“Renewal EAD: An EAD issued to an eligible applicant after the expiration of a previous EAD issued under the same category.”
A renewal is not “any card after a previous card.” It is a card after a previous card in the same eligibility category. That single phrase is why a former OPT holder selects Initial.
Always complete the current edition downloaded from uscis.gov/i-765; USCIS rejects outdated editions.
Why a prior OPT card does not make this a renewal
OPT (Optional Practical Training) is a work permit tied to your F-1 student status, and it carries a category code that starts with (c)(3). A work permit based on a pending marriage green card is a different code, (c)(9). The instructions for that (c)(9) category read:
Verbatim -- Adjustment of Status Categories (I-765 Instructions, edition 08/21/25, page 12)
“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.”
Because a renewal has to be in the same category, and your category moved from (c)(3) to (c)(9), the (c)(9) card is your first one in that category. Here is how the common prior cards line up:
| Your prior work permit | Category | Renewal of the new (c)(9) card? |
|---|---|---|
| Post-completion OPT (after your degree) | (c)(3)(B) | No. Different category from (c)(9). The new card is Initial. |
| Pre-completion OPT (during your degree) | (c)(3)(A) | No. Different category from (c)(9). The new card is Initial. |
| STEM OPT extension | (c)(3)(C) | No. Different category from (c)(9). The new card is Initial. |
| A prior work permit from an earlier pending green card case | (c)(9) | Possibly. Same category. If that card is expiring and the same Form I-485 is still pending, that is the situation a Renewal covers. Confirm your case matches before selecting 1.c. |
Filing your work permit with the green card packet?
Our software reads your work history, picks Initial or Renewal and the (c)(9) category for you, files the I-765 alongside your I-485, and keeps your OPT history consistent across the forms.
Start Free“Yes” at Item 12, still Initial at Item 1
The step that trips people up is a separate question later in the form. Part 2, Item 12 asks whether you have ever applied for a work permit before. A former OPT holder answers Yes there. That Yes does not change your Part 1 reason.
Verbatim -- Specific Instructions, Part 2 (I-765 Instructions, edition 08/21/25, page 18)
“Item Number 12. Previous Application for Employment Authorization from USCIS. If you have applied for employment authorization in the past, select “Yes” for Item Number 12. Provide copies of your previous EADs, if available.”
So two answers that feel contradictory are both correct: Part 1, Item 1 is Initial (1.a), and Part 2, Item 12 is Yes. Item 1 records the reason for this specific card, and Item 12 records your history of ever applying. Your OPT past shows up in Item 12 and your A-Number, not by turning Item 1 into a renewal.
Stop here if there was a gap in your status or work
Choosing Initial over Renewal is administrative. What happened around your OPT is not. If your F-1 status lapsed, your OPT ended with a gap before your green card work permit started, or you kept working after your OPT authorization expired, those facts can affect your eligibility to adjust status and your admissibility in ways that are difficult to undo.
This page explains which box the reason-for-applying field uses. It does not tell you how a status gap or unauthorized work affects your case. An immigration attorney needs to review your facts before you file.
Find an immigration attorneyWhat USCIS does with the reason for applying
The reason you select tells USCIS whether to issue your first work permit in this category, extend an existing one, or reissue a card, and it affects what you attach. A Renewal (1.c) expects a copy of the previous card in the same category and is read as a continuation of that authorization. An Initial (1.a) starts a fresh authorization in the (c)(9) category. Selecting Initial when the category changed keeps the application matched to the right record. USCIS still sees your OPT history through your answer to Item 12 and your A-Number, so choosing Initial does not hide a prior card; it labels the request correctly.
Common mistakes
These show up as rejected forms, wasted fees, and Requests for Evidence (RFEs, USCIS notices asking for more documents).
- 01
Selecting Renewal because you once had an OPT card
A card you held on OPT is category (c)(3). Your marriage green card work permit is category (c)(9). The instructions define a renewal as a card in the same category, so a (c)(3) card cannot be renewed as a (c)(9) card. The correct box is 1.a, Initial.
- 02
Assuming Yes on Item 12 forces you into Renewal
Part 2, Item 12 asks whether you have ever applied for a work permit before. A former OPT holder answers Yes there. That Yes is separate from the reason in Part 1, Item 1. You can answer Yes to Item 12 and still correctly select Initial in Item 1.
- 03
Attaching your OPT card as the “previous EAD” for a renewal
The instructions say a Renewal (1.c) requires a copy of your previous card in the same category. An OPT card is not a (c)(9) card, so it is not the previous card a (c)(9) renewal refers to. Since your reason is Initial, there is no previous-card attachment requirement for Item 1; keep copies of prior cards for Item 12 instead.
- 04
Confusing Renewal with the 180-day auto-extension
The 180-day automatic extension that some renewal filers get applies to a same-category renewal, where the new card continues the old authorization. A first (c)(9) card is Initial, so it is a new grant, not a continuation, and the renewal auto-extension rules do not apply to it.
Related guides
Form and pathway context
Frequently asked questions
I worked on OPT before. Is my marriage green card work permit initial or renewal on Form I-765?
Initial. Select Part 1, box 1.a, Initial permission to accept employment. The Form I-765 Instructions define a renewal as a card issued in the same eligibility category as the expired one. OPT is category (c)(3) and a pending marriage green card work permit is category (c)(9), so the category changed and the new card is your first in that category.
Why is it not a renewal if I already had an EAD?
Because a renewal is category-specific. Page 1 of the Form I-765 Instructions defines a Renewal EAD as one issued “under the same category.” Having held any work permit is not enough; it has to be the same category. OPT is (c)(3) and adjustment of status is (c)(9), so the new card is Initial, not a renewal of your OPT.
Do I answer Yes or No to Item 12 if I had OPT?
Yes. Part 2, Item 12 asks whether you have applied for employment authorization from USCIS before. An OPT card was a prior application, so you answer Yes and provide copies of your previous cards if you have them. This does not change your Part 1 reason, which is still Initial.
What eligibility category do I use in Part 2, Item 27?
(c)(9), the adjustment applicant category, for a marriage-based green card applicant with a pending Form I-485. The category is (c)(9) whether your reason for applying is Initial, Renewal, or Replacement.
I already had a (c)(9) work permit from an earlier green card case. Is this one a renewal?
It can be. A renewal covers a same-category card that is expiring while the same Form I-485 is still pending. If your prior card was also (c)(9) on a still-pending case, that matches a renewal (1.c), and you attach a copy of that previous card. Confirm your case fits that description before selecting 1.c.
Do I attach my old OPT card to the I-765?
Not as a renewal attachment. Only a Renewal (1.c) requires a copy of the previous card, and that means a previous card in the same (c)(9) category, not an OPT card. Since your reason is Initial, keep copies of your OPT card for your Item 12 answer, but you are not attaching it to satisfy a renewal requirement.
Key takeaways
- ✓
A prior OPT work permit does not make your marriage green card work permit a renewal. Select Part 1, box 1.a, Initial.
- ✓
The Form I-765 Instructions define a Renewal EAD as a card issued under the same eligibility category as the expired one.
- ✓
OPT is category (c)(3); a pending marriage green card work permit is category (c)(9). The category changed, so the new card is Initial.
- ✓
Part 2, Item 12 is still “Yes”: you have applied for a work permit before. That Yes is separate from the Part 1 reason.
- ✓
A renewal (1.c) applies only if you held a prior (c)(9) card on the same still-pending Form I-485; attach that previous card if so.
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 July 2026.
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