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I-765 Employment Authorization — the Eligibility Category Matters

The underlying eligibility category — a code like (c)(9) pending adjustment, (c)(8) pending asylum, (a)(5) granted asylee, (c)(33) DACA, (c)(3)(B)/(c)(3)(C) F-1 OPT/STEM, (a)(3)/(a)(4) paroled refugee/refugee, etc.

Published

2026-01-01

Summary

The underlying eligibility category — a code like (c)(9) pending adjustment, (c)(8) pending asylum, (a)(5) granted asylee, (c)(33) DACA, (c)(3)(B)/(c)(3)(C) F-1 OPT/STEM, (a)(3)/(a)(4) paroled refugee/refugee, etc. — matters more than "I-765" as a label, since it reflects why someone can work, tied to a different underlying status/application per category. Status vocabulary (received, biometrics, approved, card produced) is generic across categories, but what an approval means, and how long the resulting EAD is valid, depends on the category.

Current status

Never guess or assume a specific eligibility category from the form alone — if the underlying basis isn't known from the case's own facts, keep any explanation general rather than asserting a category that may be wrong.

Read the primary source ↗

Source: USCIS: Employment Authorization Document

General policy background, not a diagnosis of any specific case — CaseWhy's own case status API never confirms why a case is delayed. For guidance specific to your case, talk to a licensed immigration attorney.

I-765 Employment Authorization — the Eligibility Category Matters, Explained | CaseWhy