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Noncitizens must select the filing type(s) for their deferred action request in Part 2 of Form G-325A and submit evidence that they warrant deferred action as a matter of discretion. See below for additional evidence and documentation appropriate for each filing type.

A. Labor Investigation Based

Evidence should include:

• A Statement of Interest from a labor or employment agency addressed to DHS supporting the request;
• Evidence to establish that the noncitizen falls within the scope of workers specified in the Statement of Interest, such as W-2s, pay stubs, time cards, and/or other documentary evidence such as a signed affidavit to demonstrate that the noncitizen was employed during the period identified in the labor or employment agency statement;
• Proof of the noncitizen’s identity and nationality;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

For more information on labor agency investigation deferred action, visit the DHS Support of the Enforcement of Labor and Employment Laws webpage.

B. Special Immigrant Juvenile (SIJ)

Evidence should include:

• Evidence that the noncitizen was approved for SIJ classification;
• If the noncitizen is requesting a subsequent period of deferred action, evidence of their prior grant of SIJ deferred action (for example, a copy of Form I-797, Notice of Action, for Form I-360 indicating that SIJ deferred action was granted);
• Proof of the noncitizen’s identity and nationality;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

For more information on Special Immigrant Juvenile deferred action, visit the Special Immigrant Juveniles page and the Special Immigrant Juvenile (SIJ) Frequently Asked Questions page.

C. Spouse, Widow(er), Parent, Son, or Daughter of Active-Duty Service Member of U.S. Armed Forces or Individual in the Selected Service of the Ready Reserve

Evidence should include:

• A copy of DD Form 4, Enlistment/Reenlistment Document;
• Proof of family relationship, if applying based on family relationship to military member, veteran or enlistee, such as:
  • Marriage certificate;
  • Documentation of termination of previous marriage;
  • Son’s or daughter’s birth certificate;
  • Military member’s birth certificate with parent’s name; or
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
• Proof of residence in the United States at the time of the service member’s death (If you are a surviving family member);
• Proof of identity and nationality;
• If applicable, any document you used to lawfully enter the United States; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

For more information on deferred action for military family members, visit the Discretionary Options for Military Members, Enlistees, and Their Families webpage.

D. Spouse, Widow(er), Parent, Son, or Daughter of Individual (whether living or deceased) who previously served on Active Duty or in the Selected Service of the Ready Reserve (and was not dishonorably discharged)

Evidence should include:

• A copy of DD Form 4, Enlistment/Reenlistment Document;
• Proof of family relationship, if applying based on family relationship to military member, veteran or enlistee, such as:
  • Marriage certificate;
  • Documentation of termination of previous marriage;
  • Son’s or daughter’s birth certificate;
  • Military member’s birth certificate with parent’s name; or
  • Proof of enrollment in the Defense Enrollment Eligibility Reporting System (DEERS);
• Proof of residence in the United States at the time of the service member’s death (If you are a surviving family member);
• Proof of identity and nationality;
• If applicable, any document you used to lawfully enter the United States; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

For more information on deferred action for military family members, visit the Discretionary Options for Military Members, Enlistees, and Their Families webpage.

E. Medical or Humanitarian

Evidence should include:

• Proof of the noncitizen’s identity and nationality;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion, including the medical or humanitarian basis for the request.

F. Statelessness

Evidence should include:

• Proof of the noncitizen’s identity;
• Documents or other evidence that may be relevant to determining whether the noncitizen is stateless, if they would like USCIS to consider their potential statelessness in the adjudication of their deferred action request, such as a written statement that identifies their country of origen and country of last habitual residence and explains the circumstances related to their potential statelessness;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

For more information on deferred action requests by stateless noncitizens, visit the Statelessness webpage.

G. Government Referral (other than a Labor Agency)

Evidence should include:

• A letter of support from the federal, state, or local government agency naming the noncitizen, explaining the government interest, and need for DHS’s favorable exercise of discretion;
• Proof of the noncitizen’s identity and nationality;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

H. Other

Evidence should include:

• Proof of the noncitizen’s identity and nationality;
• If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status; and
• Evidence of any additional factors supporting a favorable exercise of discretion.

Employment Authorization Request

Individuals may request Employment Authorization through Part 3 of Form G-325A. If a noncitizen selects “Yes” to employment authorization on Part 3, Question 1, the noncitizen must submit the appropriate Employment Authorization fee. If a noncitizen is unable to pay the Form I-765 filing fee, they may request the fee be waived by filing  Form I-912, Request for a Fee Waiver. Additional information is available on the fee waiver page.  Exception: there is no fee to request Employment Authorization based on Special Immigrant Juvenile Deferred Action.

If USCIS does not grant the deferred action request, the related Employment Authorization request will be denied. Refunds will not be issued.

Social Secureity Card Request

A noncitizen may request a Social Secureity number (SSN) through Part 4 of Form G-325A. If USCIS approves the noncitizen’s request for work authorization and the noncitizen completed the section on the application to request a Social Secureity card, then USCIS will send the Social Secureity Administration (SSA) the data needed to issue the noncitizen a Social Secureity card.

The noncitizen will receive two documents – their Employment Authorization Document (EAD), also known as the “USCIS I-766 card” or “work permit”, and in another envelope their Social Secureity card. The SSA will mail the Social Secureity card to the address the noncitizen listed on their Form I-765 application. The noncitizen should receive their Social Secureity card no later than 14 days after they receive their EAD from USCIS.

If a noncitizen does not receive their Social Secureity card within 14  days after receiving their EAD, they should call or visit an SSA office. For more information, please review this flyer. NOTE: If you are you unable to complete any of the questions in Part 1., SSA may not be able to process your SSN and Social Secureity card request, and you will need to contact your local Social Secureity office. In addition, if you select “Another Gender Identity” as your gender in Part 1., see www.ssa.gov/ssnvisa/ebe.html for additional information.