If you have approved Special Immigrant Juvenile Status, you can apply for an SIJS work permit by filing Form I-765 under one of two eligibility categories: (c)(9) if a visa number is currently available and you have filed for adjustment of status, or (c)(14) if USCIS has granted you deferred action while you wait for a visa number. Your I-360 approval alone does not authorize you to work — the work permit is a separate application, and which category you file under depends on the monthly Visa Bulletin.
The Two Eligibility Categories
Federal regulations at 8 CFR 274a.12 set out who can apply for an Employment Authorization Document. For SIJ holders, two categories are relevant.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
Category (c)(9) applies when an immigrant visa number is available for you on the Department of State’s Visa Bulletin. With a number available, you can file Form I-485 to adjust to lawful permanent resident status, and you can request a work permit at the same time. The regulation authorizes employment for anyone with a properly filed adjustment application while it is pending.
Category (c)(14) applies when visa backlogs keep you from filing for a green card and USCIS has granted you deferred action. Under this category you must also show an economic need to work.
Your priority date is the date your I-360 was filed. If that date is current on the Visa Bulletin under the guidance USCIS publishes each month, the (c)(9) route is open. If it isn’t current, the deferred action route is your alternative.
The Deferred Action Route in 2025 and 2026
In March 2022, USCIS created a policy that made deferred action consideration automatic for SIJ holders who couldn’t yet adjust status because no visa number was available. You did not need to submit a separate request. Grants ran for four years.2U.S. Citizenship and Immigration Services. Policy Alert – Special Immigrant Juvenile Classification and Deferred Action
That policy has been unstable. On June 6, 2025, USCIS rescinded the automatic consideration policy. On November 19, 2025, a federal district court in New York stayed the rescission, ordering USCIS to keep considering SIJ beneficiaries for deferred action automatically. As of early 2026, USCIS is complying with the court order while stating publicly that it disagrees with the ruling.3U.S. Citizenship and Immigration Services. Special Immigrant Juveniles
If USCIS already granted you deferred action before the rescission, that grant stays valid for its full authorized period unless USCIS terminates it case by case. Because litigation is active, check the USCIS SIJ page for current guidance before you file.
Documenting Economic Need for (c)(14)
If you file under (c)(14), you must include Form I-765WS, the worksheet that asks for your current annual income, current annual expenses, and total assets. USCIS looks at whether your expenses exceed your income and resources.4U.S. Citizenship and Immigration Services. Form I-765 Instructions for Application for Employment Authorization
You do not need to include financial information from foster parents, group home members, or other people in your household. Supporting documents like bank statements or bills are not required, though USCIS will review them if you submit them. For most young people in the SIJ pipeline, the bar is not high.
Filing Form I-765
The application is Form I-765, available on the USCIS website. The most important field is the eligibility category. Enter (c)(9) if you have a pending I-485, or (c)(14) if you have deferred action. The wrong code gets the application rejected.5U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
What to Send With the Form
- A copy of your Form I-797 approval notice for the I-360 petition. If you are filing under (c)(9), include the I-485 receipt notice as well.
- Identity documentation: a copy of your passport, birth certificate with certified English translation, or another government-issued photo ID.
- Two color passport-style photos taken within the past six months, meeting USCIS specifications.
- Form I-765WS, if you are filing under (c)(14).
The form also lets you request a Social Security card in the same packet, so USCIS forwards your information to SSA and the card arrives by mail.6Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency
Filing Fee and Mailing
The I-765 carries a filing fee that changes periodically. Check the USCIS fee calculator before filing, because paying the wrong amount, even by a few dollars, causes USCIS to return the whole package.7U.S. Citizenship and Immigration Services. Filing Fees
The correct mailing address depends on your eligibility category and where you live, and USCIS updates the addresses over time. Verify the current filing location on the I-765 page. Send the package by certified mail or a courier with tracking so you have proof of when it was sent.
Fee Waivers for SIJ Applicants
SIJ holders have a simplified path to a fee waiver. If you file Form I-912, you do not need to provide proof of income the way most other applicants do. Instead, you include documentation that you have approved SIJ classification, typically your I-797 approval notice for the I-360. USCIS treats an SIJ fee waiver requestor as a household of one and does not count foster or group home members.8U.S. Citizenship and Immigration Services. Chapter 4 – Fee Waivers and Fee Exemptions Given that most SIJ applicants have little income, the waiver is worth pursuing. Submit the I-912 with your packet in place of the fee.
After You File
USCIS mails you a Form I-797C receipt notice with a case number you can use to track your application online. Keep it — it is your proof that a filing is pending.9U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
You may also receive a notice scheduling biometrics at a local Application Support Center for fingerprints and a photograph. Not every applicant is called, because USCIS sometimes reuses biometrics already on file, but if you get the notice, treat it as mandatory. Missing it can delay or derail the case.
Processing times run from several months to well over a year. USCIS posts estimates by form and service center; if your case is outside the posted range, you can submit an inquiry.
Using and Renewing the Card
When USCIS approves the application, it mails the physical card (Form I-766) to the address on your application. The card shows your name, photo, eligibility category, and an expiration date, and it lets you work for any employer in the United States until that date. For Form I-9 at a new job, the EAD is a List A document, so it establishes both identity and work authorization on its own.
To keep working past the expiration date, file a new I-765 to renew. Timing matters more than it used to. As of October 30, 2025, DHS ended the practice of automatically extending EAD validity while a renewal is pending.10U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension If your current card expires before USCIS finishes the renewal, you can face a gap when you cannot legally work. File as early as USCIS allows — up to 180 days before the current card expires.
If you hold a (c)(14) card, remember that the EAD cannot extend beyond your deferred action period. When deferred action is expiring, that has to be renewed too before USCIS will issue a new card.
Turning 21 Before Adjustment
Aging out is a common worry, and the Trafficking Victims Protection Reauthorization Act addresses it. If your I-360 was properly filed while you were under 21, USCIS will not deny adjustment of status solely because you have since turned 21.11U.S. Citizenship and Immigration Services. Chapter 7 – Special Immigrant Juveniles That protection matters most for applicants stuck in visa backlogs, because your age at filing is what counts. The underlying juvenile court order must still be valid when USCIS adjudicates the petition, so sequencing the filings correctly, ideally with an attorney’s help, prevents complications later.