SIJS Work Permit Termination

On June 6, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance to eliminate automatic consideration of deferred action and related employment authorization for aliens classified as Special Immigrant Juveniles (SIJS). This means that SIJS Applicants with APPROVED Special Immigrant Juvenile Status (Form I-360) are no longer eligible to apply for Employment Authorization Document (Work Authorization Form-765) with USCIS.
On March 7, 2022, USCIS updated its policy guidance to consider granting deferred action on a case-by-case basis to aliens classified as SIJS who were ineligible to apply for adjustment of status due to unavailable immigrant visas, and who were ineligible to apply for adjustment of status to lawful permanent resident (LPR). This policy has been revoked and terminated by USCIS.

Recommendations: SIJS Applicants may seek alternative programs to seek employment authorization under different programs and reliefs. These programs and reliefs include but are not limited to Temporary Protected Status (TPS), Form I-821, Asylum, Form I-589, Adjustment of Status, Form I-485, DACA, Form I-821D, U-Visa, Form I-918, T-Visa, Form I-914, etc. Each case must be assessed on its own merit before the Applicant applies for these programs to seek employment authorization from USCIS.

Policy Highlights

• Provides that USCIS will no longer conduct deferred action determinations for aliens with SIJ classification who cannot apply for adjustment of status solely because an immigrant visa is not immediately available.
• Removes prior guidance stating USCIS will accept new Applications for Employment Authorization (Form I-765), under category (c)(14), from aliens with SIJ classification who have been granted deferred action by USCIS because they cannot apply for adjustment of status solely because an immigrant visa number is not immediately available.
• Explains that aliens with current deferred action based on their SIJ classification will generally retain this deferred action, as well as retain their current employment authorization provided based on this deferred action, until the current validity periods expire.
• Provides minor clarifications to the current policy on terminating SIJ deferred action and confirms that USCIS, within its discretion, may terminate deferred action and revoke any associated employment authorization before the end of the current validity period.

Disclaimer

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