What is Form I-765 used for in a marriage green card case?

Form I-765, Application for Employment Authorization, is how the immigrant spouse requests a work permit (an Employment Authorization Document, or EAD) while the I-485 green card application is pending. With an approved EAD, the applicant can work legally in the United States before the green card is decided.

Which I-765 eligibility category does a marriage green card applicant use?

Category (c)(9), which covers applicants with a pending Form I-485, Application to Register Permanent Residence or Adjust Status. The marriage green card applicant (the immigrant spouse who is adjusting status inside the U.S.) enters (c)(9) in the eligibility category field in Part 2.

How much does Form I-765 cost for a marriage green card applicant?

The I-765 fee is $260 when filed together with a pending I-485 under category (c)(9). Since the USCIS fee rule that took effect April 1, 2024, this form is no longer free for adjustment-of-status filers. Most marriage green card applicants file the I-765 at the same time as the I-485 (concurrently). Verify the current fee at uscis.gov before filing.

Can a marriage green card applicant request a Social Security card on Form I-765?

Yes. Part 2 of Form I-765 includes a built-in Social Security card request. An applicant who has never had a Social Security number, or who needs a replacement card, can ask USCIS to send the request to the Social Security Administration so a card arrives with the approved EAD, without a separate trip to a Social Security office.

Edition 08/21/25Verified May 2026Not a law firm · Not legal advice

Form I-765 · Application for Employment Authorization

Form I-765: the work permit for marriage green card applicants

Q: Who files Form I-765, the immigrant spouse or the U.S. citizen spouse?

The immigrant spouse files Form I-765. They are the applicant (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; they are not the one requesting work authorization.

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. 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.

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.

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.

The guides

Questions on this form

3 guides covering the fields where marriage green card applicants trip up, in the order they appear on the form.

In short

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.

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.

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.

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