The State Department announced that the EB-4 visa cap for fiscal year 2025 has been reached, directly affecting those applying for EB-4 green cards under SIJS status.
This early closure complicates wait times and forces us to reconsider next steps. Our immigration attorneys in New Jersey are aware of this change and can help you understand how the deadline may affect your case.
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What is SIJS and how does it relate to the EB-4 visa?
Special Immigrant Juvenile Status (SIJS) provides a means of protection for unaccompanied immigrant minors or those who have been victims of abandonment, neglect, or parental abuse.
Once approved, these juvenile immigrants can apply for lawful permanent residence through the EB-4 visa. This category is designed for certain immigrants with special circumstances.
Who qualifies for the EB-4 visa?
The EB-4 visa is intended for certain special immigrants who do not fit into common employment categories but who perform key services or are in special situations. This visa includes, among others:
- Religious workers.
- Young individuals with SIJS.
- Certain international broadcasters.
- Former officials of international organizations (G-4) or NATO civilians and their families.
- Members of the US armed forces
- US Government employees abroad.
- Some doctors under certain criteria.
- Individuals who collaborated with authorities on criminal or terrorist organizations (S visa).
Each subcategory has specific requirements. If you’re unsure whether you qualify, our firm can assess your scenario and guide you through the process.
How does the annual visa limit work?
Each year, the US government allocates a specific number of EB-4 visas. Once that number is reached, no more Green Cards are issued. This happens for several reasons:
- Demand often exceeds the number of visas available.
- Some groups, such as juvenile immigrants holders of SIJS, represent a high volume of applications.
- When the quota fills up prematurely, applicants must wait longer to move forward in their application process.
Why is it important to know the limit reached for SIJS?
The EB-4 visa has an annual quota equivalent to 7.1% of all employment-based visas, which represents approximately 10,000 per fiscal year.
In 2025, USCIS announced that this threshold was reached on February 28. Therefore, even if Form I-360 is approved , you cannot apply for adjustment of status until the new fiscal year begins on October 1, 2025.
How does this affect those with SIJS?
The early closure of the EB-4 quota leaves thousands of young people with SIJS status in immigration limbo, even after obtaining approval for the I-360:
- More than 150,000 applications are pending, many of them from juvenile individuals with SIJS status.
- For countries with high demand, such as Guatemala, Honduras, El Salvador, and Mexico, waiting times can exceed 15 years.
- The number of applications continues to increase each year, but available visas are not sufficient to meet current demand.
What to do if you have already applied or are planning to apply for SIJS?
Exhaustion of the EB-4 quota doesn’t mean you should stop processing. These steps can help you better prepare:
- File your application as soon as possible. The date you submit Form I-360 determines your place in line (priority date).
- Check the Visa Bulletin every month. This bulletin indicates whether your date is already available to apply for residency.
- Consider temporary benefits. Some individuals with approved SIJS may be able to obtain other immigration relief or employment authorizations while they wait.
- Explore other legal options. If you have US citizen or resident relatives, or outstanding job skills, you may qualify for other avenues such as the EB-1 visa or family petitions.
How can Curbelo Law help you?
At Curbelo Law, we assist immigrant minors, guardians, and families through every step of the SIJS process.
We assess your child’s eligibility, monitor their priority date, and seek work permits or other alternatives while you wait. If there’s another avenue for obtaining a Green Card, we’ll explore that as well.
Contact us today for guidance and to protect your family’s immigration future.
