Form I-765 · Part 1, Item 1
I-765 Reason for Applying (Part 1): Initial, Renewal, or Replacement in 2026
Three boxes, one choice. Which one depends on whether this is your first work permit, a renewal, or a replacement card.
Quick answer
First work permit for your pending green card case? Select 1.a, Initial. Current card expiring while your I-485 is still pending? Select 1.c, Renewal (and attach a copy of the old card). Card lost, stolen, or damaged? Select 1.b, Replacement. Select only one box.
Summary
Part 1 asks why you are applying for a work permit, and you select only one box. A marriage-based green card applicant filing a work permit for the first time selects 1.a, Initial permission to accept employment. You pick 1.c, Renewal, when your current work permit is expiring and your Form I-485 is still pending. You pick 1.b, Replacement, only when your card was lost, stolen, or damaged, or needs a correction that was not caused by a USCIS error.
| Where it is on the form | Part 1, Item 1 (“Reason for Applying”). Three options, 1.a through 1.c, and you select only one. |
| 1.a Initial | Your first work permit on this basis. A marriage-based applicant filing the I-765 with (or after) a pending Form I-485 for the first time selects Initial. |
| 1.c Renewal | Your green card case is still pending and your current work permit is expiring. Select Renewal and attach a copy of your previous Employment Authorization Document (EAD). |
| 1.b Replacement | Your card was lost, stolen, or damaged, or needs a correction that was not caused by a USCIS error. A correction the government caused does not need a new I-765 or fee. |
| Pairs with the eligibility category | Whichever reason you select, your eligibility category in Part 2, Item 27 is still (c)(9) for a marriage-based adjustment applicant. |
Who this page is for
This page covers the reason-for-applying choice in Part 1 for a marriage-based green card applicant requesting a work permit based on a pending Form I-485 (eligibility category (c)(9)). The three reasons work the same way for other categories, but the fee and evidence rules can differ, so check the Form I-765 Instructions for your situation if your work permit is based on something else.
What Item 1 looks like on the form
Part 1 lists three reasons. You select exactly one.
Verbatim -- Part 1, Item 1 (Form I-765, edition 08/21/25)
“I am applying for (select only one box):”
“1.a. Initial permission to accept employment.”
“1.b. Replacement of lost, stolen, or damaged employment authorization document, or correction of my employment authorization document NOT DUE to U.S. Citizenship and Immigration Services (USCIS) error.”
“1.c. Renewal of my permission to accept employment. (Attach a copy of your previous employment authorization document.)”
Verbatim -- NOTE under Item 1 (Form I-765, edition 08/21/25)
“Replacement (correction) of an employment authorization document due to USCIS error does not require a new Form I-765 and filing fee. Refer to www.uscis.gov/i-765 for further details.”
Always complete the current edition downloaded from uscis.gov/i-765; USCIS rejects outdated editions.
Which reason applies to you
| Reason | When it applies |
|---|---|
| 1.a Initial | You have never had a work permit on this basis. This is the box for a marriage-based applicant requesting an EAD for the first time, filed with or after a pending Form I-485. |
| 1.c Renewal | You already have a (c)(9) work permit, your Form I-485 is still pending, and the card is expiring. Select Renewal and attach a copy of the previous card. File well before it expires so your authorization does not lapse. |
| 1.b Replacement | Your current card was lost, stolen, or damaged, or has an error you caused (for example, a name you reported). If the error was USCIS's, you do not file a new I-765 or pay a fee; you follow the correction process instead. |
Filing your work permit with the green card packet?
Our software picks the right reason for applying and the (c)(9) category, files the I-765 alongside your I-485, and reminds you when it is time to renew.
Start FreeCommon wrong choices
These show up as wasted fees and Requests for Evidence (RFEs, USCIS notices asking for more documents).
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Selecting Replacement when you mean Renewal
Replacement (1.b) is for a lost, stolen, or damaged card, not for a card that is simply expiring. If your card is reaching its end date and your I-485 is still pending, the correct box is Renewal (1.c).
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Filing a Replacement and fee for a USCIS error
If the card USCIS issued has a mistake the agency made, the form's own note says a new Form I-765 and fee are not required. Filing and paying anyway wastes the fee. Follow the correction process at uscis.gov/i-765 instead.
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Selecting more than one box
Item 1 says select only one. Choose the single reason that matches your situation. If more than one feels true, it usually means the situation is Renewal (still pending, card expiring), not Initial plus Replacement.
What USCIS does with the reason for applying
The reason you select tells USCIS whether to issue your first work permit, extend an existing one, or reissue a card, and it affects what you attach and whether a fee applies. Initial and Renewal applications based on a pending (c)(9) adjustment application carry no separate I-765 fee. A Renewal also expects a copy of your previous card. Selecting the reason that matches your situation keeps the application from being rejected or delayed for the wrong evidence.
Related guides
Form and pathway context
Frequently asked questions
Which reason for applying does a first-time work permit use on Form I-765?
Select 1.a, Initial permission to accept employment. A marriage-based green card applicant requesting a work permit for the first time, filed with or after a pending Form I-485, uses Initial.
My work permit is expiring but my green card case is still pending. Which box?
1.c, Renewal of my permission to accept employment. Attach a copy of your previous Employment Authorization Document, and file well before the card expires so your work authorization does not lapse.
When do I use Replacement (1.b)?
When your current card was lost, stolen, or damaged, or needs a correction that was not caused by a USCIS error. Replacement is not for a card that is simply expiring; that is a Renewal.
My card has a mistake that USCIS made. Do I file a Replacement and pay again?
No. The form's note states that correcting an Employment Authorization Document because of a USCIS error does not require a new Form I-765 or filing fee. Follow the correction process at uscis.gov/i-765 instead of filing and paying again.
Does the reason for applying change my eligibility category?
No. The reason for applying (Part 1, Item 1) and the eligibility category (Part 2, Item 27) are separate. A marriage-based adjustment applicant uses category (c)(9) whether the reason is Initial, Renewal, or Replacement.
Key takeaways
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Part 1, Item 1 asks why you are applying. Select only one box: 1.a Initial, 1.b Replacement, or 1.c Renewal.
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First work permit on a pending marriage-based I-485: select 1.a, Initial.
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Card expiring while the I-485 is still pending: select 1.c, Renewal, and attach a copy of the old card.
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Replacement (1.b) is for a lost, stolen, or damaged card. A USCIS-caused error does not need a new I-765 or fee.
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The reason for applying is separate from the eligibility category; a marriage-based applicant stays (c)(9) in Item 27 regardless.
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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