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USCIS Update: SIJS-Based Deferred Action No Longer Automatic
Current Policy Updates and Future Outlook
Deferred Action is Now Case-by-Case | Work EAD Update
On June 6, 2025, USCIS ended automatic deferred action for SIJ youth. Grants are now only on a case-by-case basis. Work permits require visa availability. The EB-4 category is currently closed in the Visa Bulletin, but October 2025 is expected to reopen with new numbers.
🔷 ➤ Kennedy Law monitors these changes closely and helps SIJ applicants prepare to act at the right time — whether renewing, planning adjustment, or securing work authorization.
📩 Contact us: TK@KennedyVisas.com or
USCIS: End of Automatic SIJS-Based Deferred Action
Current Policy Updates and Future Outlook
Current Policy Updates and Future Outlook
Current Policy Updates and Future Outlook
On June 6, 2025, USCIS ended the practice of automatically granting deferred action to youth with approved Special Immigrant Juvenile (SIJ) cases. From now on, deferred action is discretionary and case-by-case, not automatic. Approval now requires visa availability in the EB-4 category.
🔷 ➤EB-4 visa availability is required for new 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).
EB-4 Visa Category Reopened October 2025
In October 2025, EB-4 reopened with a Final Action Date of July 1, 2020. Applicants with approved SIJ petitions and priority dates on or before that cutoff may now move forward with adjustment of status and work authorization, provided all other eligibility requirements are met.
For families, this offers hope: youth recognized by state courts as victims of abuse, abandonment, or neglect finally see a clearer path to permanent residency. However, visa bulletin cutoff dates can move forward or backward without warning, making careful planning and timely filings essential.
What changed?
Current Policy Updates and Future Outlook
Current Policy Updates and Future Outlook
- In the past, SIJ recipients often received deferred action—and with it, work authorization—even if their visas were delayed due to backlogs. That safety net is now gone. USCIS will now decide on deferred action case by case, based on statutory limits and security priorities.
What this means for applicants
- Existing deferred action and work permits granted before June 6, 2025, generally remain valid until their expiration, unless USCIS revokes them.
- New applicants will not receive work authorization solely because a green card is not yet available. Visa availability now is critical and matters more than ever.
SIJ Availability
Current Policy Updates and Future Outlook
SIJ Availability
For youth with SIJ, the path to permanent residency falls under the EB-4 category. Until September 2025, this category was closed in the Visa Bulletin, meaning no green cards or work permits tied to deferred action could be approved.
The category reopened in the October 2025 Visa Bulletin.
In October 2025, EB-4 reopened with a Final Action Date of July 1, 2020. This means SIJ beneficiaries with an approved petition and a priority date on or before that cutoff may now move forward with adjustment of status and work authorization, provided all other eligibility requirements are met.
What to expect
- The current Final Action Date is July 1, 2020.
- Only applicants with priority dates on or before that cutoff can move forward.
- Visa Bulletin cutoff dates may move forward or backward without warning, directly affecting the ability to file applications.
What to do now
- 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.
Frequently Asked Questions
Please reach us at TK@KennedyVisas.com if you cannot find an answer to your question.
Yes. If you were granted deferred action and an EAD before June 6, 2025, those benefits usually remain valid until their expiration. Renewal may be possible depending on your case.
You should speak with your attorney immediately. USCIS no longer grants deferred action automatically, so renewals are not guaranteed.
Not necessarily. If you qualify for another type of work authorization (for example, through a pending asylum case, DACA, or another visa), you may still be eligible. However, SIJ alone will not automatically lead to deferred action or a work permit anymore.
USCIS policies can change, but the key factor is visa availability under the Visa Bulletin. As of October 2025, EB-4 reopened with a Final Action Date of July 1, 2020. Future cut-off dates may move forward or backward, so continued monitoring is essential.
Track the Visa Bulletin monthly, keep documents current, and stay in close contact with your attorney. Careful planning now will put you in the best position once visa numbers become available again.
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DISCLAIMER: This website provides general information about immigration rules and eligibility. It is not legal advice, tax advice, or a substitute for individualized consultation. Immigration outcomes depend on your specific circumstances. For advice tailored to your case, schedule a consultation with Kennedy Law.
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