USCIS Update: SIJS-Based Deferred Action No Longer Automatic

In the past, many SIJ recipients received deferred action—and with it, work authorization—even when immigrant visas were unavailable due to long backlogs. That safety net no longer exists.   From now on, deferred action is discretionary and case-by-case, not automatic. Approval now requires visa availability in the EB-4 category. 

• On June 6, 2025, U.S. Citizenship and Immigration Services ended the practice of automatically granting deferred action to youth with approved Special Immigrant Juvenile (SIJ) petitions.
• Deferred action is now discretionary and decided on a case-by-case basis, not automatic.
• Deferred action and Employment Authorization Documents (EADs) granted before June 6, 2025 generally remain valid until expiration, unless revoked.

🔷 ➤ For youth with SIJ, the path to permanent residency falls under the EB-4 category.  EB-4 visa availability is required for new deferred action approvals, and this factor plays a critical role in every case.  This change means SIJ youth can no longer rely on deferred action and work permits simply because immigrant visas are backlogged. Deferred action and Employment Authorization Documents (EADs) granted before June 6, 2025, generally remain valid until expiration (unless revoked).  

The EB-4 immigrant visa category, which includes Special Immigrant Juveniles, remains backlogged but has advanced since reopening.

• 🔷 Final Action Date (EB-4, all countries): January 1, 2021
• 🔷 Dates for Filing (EB-4): March 15, 2021
• Only SIJ beneficiaries with priority dates on or before January 1, 2021 may receive final approval of adjustment of status or immigrant visa issuance at this time.

For February 2026, USCIS is using the Dates for Filing chart for employment-based cases. This means that some SIJ beneficiaries with priority dates on or before March 15, 2021 may be eligible to file adjustment of status applications, even though final approval is not yet available.

• Filing eligibility does not guarantee approval. 
• Final adjudication remains dependent on visa availability under the Final Action Date at the time of decision. 
• Visa Bulletin cutoff dates may move forward or backward without warning, directly affecting eligibility.

• Existing deferred action and work permits granted before June 6, 2025 generally remain valid until expiration, unless USCIS revokes them.
• New applicants will not receive work authorization solely because a green card is not yet available.
• Visa availability under EB-4 is now critical and directly affects eligibility for deferred action and work authorization.
• Check the Visa Bulletin monthly to track EB-4 changes.
• Keep documents current and prepare renewals early.
• Act quickly in coordination with your attorney when cutoff dates advance.

🔷 ➤  Kennedy Law monitors these changes closely and provides guidance so SIJ applicants are prepared to act at the right time.