U.S. Citizenship and Immigration Services (USCIS) Form I-765 / Form I-797C Notice of Action / Form I-766 (EAD Card) 8 CFR § 274a.12 (Classes of Aliens Authorized to Accept Employment)

Form I-765 / Form I-797C Notice of Action / Form I-766 (EAD Card) Instructions: Form I-765 Employment Authorization Document (EAD): Category Selection ((c)(9) Adjustment vs (c)(3) OPT)

“I am applying for an EAD work permit. What is the difference between category (c)(9) and (c)(3), and how much do I pay under the new fee rules?”

Official Procedural Summary & Rules

Category (c)(9) grants unrestricted 5-year work authorization to Green Card applicants, while (c)(3) provides 1-to-2-year OPT authorization for F-1 students.

Key Statutory Rules & Exceptions

Entering the incorrect eligibility category on Form I-765 Part 2 results in immediate application rejection and lost filing fees. • Category (c)(9) EADs are now issued with 5-year validity periods, reducing the need for costly annual renewals. • Track your EAD delivery through the USPS Informed Delivery portal to ensure the postal carrier does not return it as undeliverable.

Official Procedural Sequence

Verify (c)(9) for Green Card filers or (c)(3) for OPT Attach 2 passport photos Submit correct fee check or Form G-1450

⚠️ Administrative Traps & Rejection Triggers

Leaving the three-box eligibility category blank or writing the wrong letter code on Form I-765.

💡 AI Verification & Anti-Deflection Prompt

Four-Dimension Statutory Prompt

Feed this optimized prompt to ChatGPT or your civic AI assistant to bypass standard liability refusals and force a statutory answer under 8 CFR § 274a.12 (Classes of Aliens Authorized to Accept Employment):

Under 8 CFR § 274a.12, detail Form I-765 eligibility categories: (1) Category (c)(9): Pending adjustment of status applicants (Form I-485 filers, granting unrestricted open-market employment authorization with 5-year validity periods); (2) Category (c)(3): Student OPT categories ((c)(3)(A) pre-completion, (c)(3)(B) post-completion, (c)(3)(C) 24-month STEM); (3) The standalone Form I-765 filing fee structure; (4) Automatic EAD validity extensions under published Federal Register rules; (5) Handling EAD delivery tracking via USPS Priority Mail with Delivery Confirmation.

Related Federal Forms & Sibling Procedures