Difference Between C09 and C09P Work Authorization Categories Explained
Understand how C09 and C09P work authorizations differ in purpose, eligibility, and application process for better immigration planning.
Navigating work authorization categories can be complex, particularly with classifications like C09 and C09P, which appear similar but have distinct implications. Both relate to individuals applying for lawful permanent residence (a green card) within the United States, specifically through the adjustment of status process. Understanding the differences is crucial, as it affects an applicant’s ability to work legally and potentially travel while their green card application is under review.
These classifications allow individuals to secure employment legally during what can often be a lengthy wait for a decision on their green card application. Misinterpreting the category could lead to processing delays or issues with employment verification.
Specific Goals of Each Category
Both C09 and C09P categories allow individuals to work legally in the U.S. while their Form I-485, Application to Register Permanent Residence or Adjust Status, is pending with U.S. Citizenship and Immigration Services (USCIS). Authorization comes via an Employment Authorization Document (EAD), commonly known as a work permit. Federal regulations permit individuals with pending adjustment of status applications to apply for this work authorization.
This EAD enables applicants to support themselves financially during the application process. Without it, or another valid work status like an H-1B visa, a pending green card application alone does not grant the right to work. The EAD serves as official proof to employers of the holder’s permission to work.
The key difference lies in travel permission. A C09 designation indicates a standard EAD. A C09P designation, often called a “combo card,” means the card serves as both an EAD and an Advance Parole (AP) document. Advance Parole allows the holder to travel internationally and return to the U.S. without abandoning their pending I-485 application. The “P” signifies this parole function. For employment verification, employers treat both categories identically, focusing on the permission to work granted by the pending adjustment application. The C09P simply adds the benefit of travel authorization.
Filing Criteria and Documents
The essential requirement for obtaining work authorization under either category is a properly filed and pending Form I-485 application with USCIS. This eligibility stems directly from immigration rules governing adjustment of status applicants.
The application for the work permit itself is Form I-765, Application for Employment Authorization.1U.S. Citizenship and Immigration Services. Application for Employment Authorization Applicants must enter “(c)(9)” as their eligibility category, indicating a pending adjustment of status application.2U.S. Citizenship and Immigration Services. Instructions for Form I-765, Application for Employment Authorization The designation C09 or C09P is determined later by USCIS, based on whether a travel document is also approved, not selected by the applicant on this form.
Applicants must submit supporting documents with Form I-765. Typically, this includes proof of the pending I-485 (like the I-797C receipt notice), two recent passport-style photos, and a copy of a government-issued photo ID. A copy of the applicant’s I-94 Arrival/Departure Record may also be needed.
Filing fees changed significantly on April 1, 2024.3Catholic Legal Immigration Network, Inc. What Will Change Under the USCIS Fee Schedule Final Rule? For I-485 applications filed on or after this date, a separate fee is required for the I-765, even if filed together with the I-485. As of early 2025, this fee is $260 for the (c)(9) category, a reduction from the standard I-765 fee.4Catholic Legal Immigration Network, Inc. Practice Advisory: USCIS Fee Schedule Final Rule (April 2024) However, for I-485 applications filed before April 1, 2024 (between July 30, 2007, and March 31, 2024), there is generally no fee for the I-765 based on that pending application. Biometric service fees are now typically included in the main form fees. Fee waivers may be available via Form I-912 for those unable to pay.
Whether an applicant receives a C09P “combo card” depends on also applying for and being granted Advance Parole using Form I-131, Application for Travel Document. Like the I-765, this form now has a separate fee ($630 as of early 2025) if the underlying I-485 was filed on or after April 1, 2024. For earlier I-485 filings (after July 30, 2007), the I-131 fee is usually waived while the I-485 is pending. If USCIS approves both a Form I-765 (category c9) and a Form I-131 based on the same pending I-485, it may issue a single C09P card. Filing only Form I-765 will result in a standard C09 EAD upon approval.
Renewal Options
Work permits issued under the C09 and C09P categories require renewal if the holder’s green card application (Form I-485) remains pending and they need continued work authorization. Renewal involves filing a new Form I-765 with USCIS, again using the (c)(9) eligibility category. Filing up to 180 days before the current EAD expires is recommended to avoid gaps in employment eligibility.
A significant benefit exists for timely renewals in certain categories, including (c)(9). Under federal regulations, recently updated, individuals who file their Form I-765 renewal application before their current EAD expires may receive an automatic extension of their work authorization for up to 540 days.5U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension This 540-day extension applies to eligible renewal applications filed on or after May 4, 2022, provided the renewal is in the same category and eligibility continues.6Federal Register. Temporary Increase of the Automatic Extension Period of Employment Authorization The I-797C receipt notice for the timely filed renewal, presented with the expired EAD, serves as proof of this extension.7U.S. Citizenship and Immigration Services. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization The extension ends once USCIS decides on the renewal or after 540 days, whichever comes first.
The renewal process varies slightly for C09 and C09P holders. To renew only the work authorization (resulting in a C09 card), just Form I-765 is needed. To also renew travel permission and potentially receive another C09P combo card, the applicant must file both Form I-765 and Form I-131. USCIS may issue a combo card or separate documents even if both are approved.
Renewal fees depend on the filing date of the original I-485 application. For I-485s filed before April 1, 2024 (between July 30, 2007, and March 31, 2024), renewal filings for Form I-765 and Form I-131 generally do not require a fee while the I-485 is pending. For I-485s filed on or after April 1, 2024, separate fees apply for renewals: $260 for Form I-765 (category c9) and $630 for Form I-131, as of early 2025, unless a fee waiver is approved.