Form I-765 · Application for Employment Authorization
Form I-765: the work permit for marriage green card applicants
Form I-765, Application for Employment Authorization, is how the immigrant spouse asks for a work permit, an Employment Authorization Document (EAD), while the green card application is pending.
Summary
The applicant is the immigrant spouse; the beneficiary of the case is the same person. The U.S. citizen or green card holder spouse, the petitioner, does not file it. Most marriage green card applicants file the I-765 at the same time as Form I-485 (the green card application filed during adjustment of status, or AOS). These guides cover the fields applicants get wrong most often.
At a glance
| Form | I-765 Employment Authorization |
| Who completes it | The immigrant spouse (applicant) |
| Eligibility category | (c)(9), pending I-485 |
| Fee with the I-485 | $260 |
Fees and form editions change. Always verify the current numbers at uscis.gov/i-765 before filing.
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Common mistakes
Where applicants most often go wrong
Is the work permit free when filed with the green card?
No, not anymore. Under the USCIS fee rule that took effect April 1, 2024, the I-765 costs $260 when filed with a pending I-485 under category (c)(9). Articles that say it is free are out of date. Verify the current fee at uscis.gov before filing.
Which eligibility category do I enter?
Category (c)(9), which covers applicants with a pending I-485. Marriage green card applicants adjusting status inside the U.S. use (c)(9). Entering the wrong category is a common reason USCIS rejects or questions the form.
Who actually files the I-765, me or my spouse?
The immigrant spouse files it. The applicant is the person seeking the work permit and the beneficiary of the green card case. The U.S. citizen or green card holder spouse, the petitioner, does not file an I-765.
Questions on this form
5 guides covering the fields where marriage green card applicants trip up, in the order they appear on the form.
- Part 2Eligibility category (c)(9)The single most important field on the form. What (c)(9) means, why marriage green card applicants use it, and where it goes on the form.
- Part 1Reason for applying (initial, renewal, replacement)How to tell whether your filing is an initial request, a renewal, or a replacement, and which box to check for a first marriage green card EAD.
- Part 1Initial vs renewal after OPT (Item 1)A prior F-1 OPT work permit does not make your marriage-based (c)(9) card a renewal. Why the category change makes it an Initial request.
- Part 2Social Security number (Item 13)Item 13 asks only for your SSN, if known. The card-request box and consent moved to Form I-485, Item 19.
- Part 2Status at last arrival & current status (Items 24-25)Item 24 is the class you were admitted in, copied from your Form I-94; Item 25 is the status you hold now. Both want a short status code.
Key takeaways
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Form I-765 is the work permit application. A marriage green card applicant files it to get an Employment Authorization Document (EAD) and work legally while the I-485 is pending.
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The eligibility category for a marriage adjustment-of-status applicant is (c)(9), pending I-485.
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The fee is $260 when filed with a pending I-485. Since the April 1, 2024 USCIS fee rule, it is no longer free for adjustment-of-status filers.
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Most marriage green card applicants file the I-765 at the same time as the I-485 (concurrently), so the work permit and green card move together.
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The immigrant spouse files the I-765. The petitioner (the U.S. citizen or green card holder spouse) does not.
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Verify the current fee, form edition, and processing time at uscis.gov before filing.
This guide 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. Information is current as of 2026; verify fees, the form edition, and eligibility rules at uscis.gov before filing.
Keep reading
For how a pending green card lets you keep working while you wait, see the guide to work authorization during adjustment of status. For the green card application the I-765 is filed alongside, see the Form I-485 guide.
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Continue reading
- 01Form I-765 Edition Date: What Changes in September 2026?
- 02Fixed Period of Admission for F and J Visas (2026)
- 03I-765 Eligibility Category (c)(9) (Part 2, Item 27) (2026)
- 04I-765 Reason for Applying (Part 1): Initial, Renewal, or Replacement (2026)
- 05Can I Work While My Green Card Application is Pending?
- 06Form I-485: Application to Adjust Status (2026 Guide)
- 07Marriage Green Card by Country: Country-Specific Guides (2026)
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