Working on a C9 EAD Card While a Student

                It is fairly common for a foreign national on F-1 student status to meet a U.S. citizen or legal permanent resident (LPR) while studying, fall in love, marry, and file a marriage-based green card petition.

                While filing a marriage-based petition, the foreign national has the option of requesting a C9 Employment Authorization Document (EAD) to permit him or her to work while the green card application, or Form I-485, is pending. Anyone with a pending I-485 is eligible to apply for a C9 EAD.

                Once approved, the foreign national can work for any employer in the United States, full-time or part-time, and in any industry. A foreign national working on a C9 EAD may switch jobs at any time and can even open his or her own business. (One minor restriction is that the foreign national should not work in the marijuana industry, even if legal in his or her home state, because marijuana remains illegal under federal law. Working in this industry can have negative immigration consequences.)

                Nevertheless, even though anyone with a pending I-485 may apply for a C9 EAD, it is not best in all cases. In some circumstances, working on a C9 EAD may be inconsistent with the foreign national’s nonimmigrant status. For example, individuals in F-1 status are subject to strict rules regarding their ability to work. If an F-1 student works on a C9 EAD, he or she may be deemed to have violated and abandoned his or her student status.

               A foreign national with a pending I-485 application is considered a “permanent resident pending.” This allows the foreign national to remain in the U.S. while their application is being adjudicated. This means if a foreign national works using a C9 EAD – and thus terminates student status – the foreign national can stay in the U.S. and continue to work on the C9 EAD while the I-485 is pending. However, if the I-485 green card application is ultimately denied, and the foreign national is no longer in student status, he or she would need to depart the U.S. immediately.

               Furthermore, under the February 28, 2025 USCIS Policy Memo, if USCIS denies a benefit request and the noncitizen is not lawfully present in the U.S. (or is subject to other grounds of inadmissibility), USCIS will issue a Notice to Appear (NTA) in immigration court. If, on the other hand, USCIS denies the I-485 application, and the foreign national is still in valid student status, USCIS will probably not issue an NTA.

                Therefore, while it is understandable that foreign nationals may be drawn to the flexibility of a C9 EAD, it is important to understand the consequences to one’s underlying nonimmigrant status. In some instances, such as F-1 students, it may be better to maintain the nonimmigrant status than work on a C9 EAD.

                Here at Baibak Law, we are experienced working with students on marriage-based and other immigration cases. If you would like to discuss the specific circumstances of your case, please contact us at (513) 203-5429 or schedule an initial consultation online.

Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.