If you are a young immigrant applying for Special Immigrant Juvenile Status (SIJS), you may be wondering whether you can legally work in the United States while your case is pending. Many applicants want to support themselves or their families but are unsure what the rules allow.

At Whitaker Legal, our Maryland immigration lawyers help young people across the U.S. navigate the SIJS process and understand their options while waiting for approval. Here’s what you should know about working during a pending SIJS case.

Understanding SIJS

Special Immigrant Juvenile Status (SIJS) is a humanitarian immigration benefit for certain children and young adults who have been abused, neglected, or abandoned by one or both parents. SIJS can eventually lead to lawful permanent residence (a green card).

To qualify for SIJS, you generally must:

• Be under 21 years old and unmarried at the time of filing

• Have a juvenile court order stating that reunification with one or both parents is not viable due to abuse, neglect, or abandonment

• Have a court finding that returning to your home country is not in your best interest

Can You Work While Waiting for SIJS Approval?

Receiving a work permit, also called an Employment Authorization Document (EAD), is not always automatic with a SIJS petition.

When you first file the SIJS petition (Form I-360), USCIS may not automatically grant permission to work. Often, there are additional steps that allow some SIJS applicants to apply for work authorization before they are able to apply for a green card.

 

The Role of Deferred Action in SIJS Cases

In some cases, after USCIS approves the SIJS petition (Form I-360), the agency may grant (or you may request) deferred action. Deferred action is a discretionary decision by the government to temporarily defer removal to protect you from deportation.

Why deferred action matters:
If deferred action is granted, you may be eligible to apply for a work permit (Form I-765) even if a green card is not yet available due to visa backlogs.

That said:

• Deferred action is not automatic

• It is discretionary

• USCIS policies on deferred action for SIJS applicants have changed over time

• Approval practices can vary depending on the current presidential administration and USCIS guidance

Because of these shifts, whether deferred action is being granted — and how consistently — can change from year to year. The best advice is to consult with a lawyer to find out what the current USCIS policies and practices are.

 

Typical SIJS Timeline and Work Authorization Options

Step 1: File SIJS Petition (Form I-360)

This establishes eligibility for SIJS.  At this stage, you will not have work authorization.

Step 2: SIJS Approval + Possible Deferred Action

After approval of the I-360, USCIS may grant deferred action. If deferred action is granted, you may apply for a work permit.

Step 3: Apply for Green Card (Form I-485)

Once a visa number is available, you can apply for lawful permanent residence. You can apply for a work permit if you do not already have one concurrently (at the same time) as your I-485 green card application. USCIS typically processes work permits in a few months, but timelines vary.

Policies Change — Talk to a Lawyer First

Immigration policies related to SIJS, deferred action, and work authorization have changed significantly over the years and often shift between presidential administrations. What was allowed in the past may not reflect what USCIS is doing today.

Because of this, every SIJS case should be reviewed individually by an experienced immigration lawyer who understands current USCIS policy and what is actually happening on the ground.

At Whitaker Legal, we stay up to date on SIJS policies and USCIS practices nationwide. We can help you:

• Determine whether deferred action may be available

• Decide when and how to apply for a work permit

• Avoid mistakes that could delay or jeopardize your case

If you or someone you care for has an SIJS case pending, schedule a consultation to get advice based on current law and real-world outcomes.

Why Legal Guidance Is Important

SIJS cases involve multiple agencies — juvenile courts, USCIS, and sometimes immigration courts — and the timing of each step is critical. An attorney can help ensure that your petition and adjustment of status are filed in the correct order, and that you receive your work authorization as soon as you are eligible.

At Whitaker Legal, we guide clients through every stage of the SIJS process — from obtaining the necessary state court order to applying for green cards and work permits. Our team helps young people avoid mistakes that can delay approval or put their immigration future at risk.

If you or your child have applied for Special Immigrant Juvenile Status (SIJS) and want to know when and how you can get work authorization, our team can help.

Attorney Nicole M. Whitaker has extensive experience helping young immigrants in Maryland and nationwide secure SIJS protection, obtain green cards, and gain the right to work legally in the U.S.

Call Whitaker Legal at 410-207-9272 or visit whitaker-legal.com to schedule a consultation and learn how we can help you build a future without barriers.