In the US and Canada, asylum seekers don’t get a green card automatically, they may only work when they have the work permit. But people need money to survive, and work permit is a must for asylum seekers to provide support for themselves and pay for their necessities. So how do asylum seekers with pending application for asylum get a work permit? This guide will show you the step-by-step process of getting a work permit, from submitting your application to getting your money.

How Do I Get A Work Permit For Asylum Seekers

First, some facts about work permits for asylum seekers in Germany: If you have been granted asylum by the German state and are searching for a job, you need a so-called “Aufenthaltstitel” (“residence title”). This document can be issued in different versions. It is called an Aufenthaltserlaubnis (settlement permit) if it contains an explicit employment permission, which is required by any employer who employs this particular kind of worker. However, this permit also contains an implicit right to employment because it grants you permission to work. If a settlement permit does not contain an explicit right to work, your employer will need to apply for an official approval to employ you as it will be classed as employing someone without a work permit.

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The Work Permit Rules

In February 2022, a judge ruled that the Trump administration’s old work permit rules are illegal for all asylum seekers! However, we have heard from asylum seekers and immigration attorneys that both non-ASAP members and ASAP members are not receiving their initial work permits within 30 days. ASAP is fighting for our members’ initial work permits to be processed within 30 days! That is why we still recommend that ASAP members continue to submit ASAP membership cards with their work permit applications, even though the cards do not currently guarantee 30-day processing. We will keep our website updated as we learn more.

The following rules about INITIAL work permits are now in place for all asylum seekers:

When to apply: In general, asylum seekers can request an initial work permit 150 days after submitting their asylum application (Form I-589). Asylum seekers can receive the work permit 180 days after filing their asylum applications.
Wait time: The government must make a decision on asylum seekers’ initial work permit applications within 30 days. However, unfortunately, this does not always happen. If you do not receive a decision within 30 days, learn what steps you can take.
Cost: Asylum seekers do not have to pay any fee to apply for an initial work permit. Asylum seekers do not have to pay the biometrics fee that applies to some other work permit applicants.
Other positive changes: Other old Trump administration rules no longer apply! For example, it is now easier to get a work permit if you crossed the border without presenting yourself, or if you applied for asylum after one year.

The following rules about work permit RENEWALS are now in place for all asylum seekers:

When to apply: The most important thing is to apply for your work permit renewal with plenty of time before the expiration date on your current work permit card. If USCIS receives your work permit renewal on or before the expiration date, your current work permit will be automatically extended for 540 days after its expiration date.

According to the government, asylum seekers should apply to renew their work permit at least 90 days before their current work permit expires. Because of long delays, ASAP recommends applying 6 months before your current work permit expires if possible.

Wait time: If an asylum seeker has applied for a work permit at least 90 days before their current work permit expires, the government is supposed to make a decision on their renewal application before their current work authorization expires. However, we know that many asylum seekers have been waiting a long time for their work permit renewals and that the government is not following this requirement at this time.
Auto-Extension: If your current work permit has expired and you have not received a new work permit yet, you can still work for up to 540 days after the expiration date. This is a new policy that started on May 4, 2022, and is an increase from the 180-day auto-extension that was previously in place. Thank you to the thousands of ASAP members who worked together to make this change possible!
Cost: Asylum seekers have to pay a $410 fee to renew their work permits. Asylum seekers do not have to pay the biometrics fee that applies to some other work permit applicants.

Please note: As of May 2022, the work permit application form and instructions on USCIS’s website have not been updated with these new changes. We know that this can be confusing! For official confirmation of the changes, read this USCIS announcement.

Initial Work Permits for Asylum Seekers

Asylum seekers can generally apply for a work permit 150 days after submitting an asylum application. Scroll down or click on the links below to learn more. You can also watch this video about how to apply and see this sample application packet.

Can I apply for a work permit as an asylum seeker?

Maybe! The U.S. government sets the requirements and process for applying for a work permit.

Generally, to be eligible to apply for a work permit as an asylum seeker:

You must have filed an asylum application (Form I-589) with either U.S. Citizenship and Immigration Services (USCIS) or the immigration court.
At least 150 days must have passed since USCIS or the immigration court received your asylum application. If you are not sure how many days have passed, read more here.

Under the current rules, if you have a criminal conviction that the U.S. government considers an “aggravated felony,” you are not eligible for a work permit as an asylum seeker. If you have questions about a criminal conviction or your ability to apply for a work permit, you may want to consult with an attorney. Find legal help here.

How much does it cost to apply for an initial work permit as an asylum seeker?

Nothing! If you are applying for your first work permit as an asylum seeker, do not pay any fees and do not request a fee waiver. The $410 filing fee does not apply to people who are applying for their first work permit. You do not need to pay any biometrics fee.

Please note: As of May 2022, USCIS’s work permit instructions online have not been updated to show that there is no fee required for initial work permits for asylum seekers. We know that this can be confusing! For confirmation from USCIS that there is no fee, read this USCIS announcement.

How do I complete my work permit application?

Watch this video and read the instructions below for information about how to apply for a work permit based on a pending asylum application! You can also see this sample application packet.

Here are the parts of your application packet as an ASAP member. Be sure to place them in this order.

Form G-1145 (optional). If you want, you can include Form G-1145 to receive notices about your application by text message or email.
Form I-765. The very first part of your application packet after Form G-1145 should be your completed Form I-765.
- If you are applying for your work permit as an ASAP member based on your pending asylum application, your “eligibility category” on this form is “(c)(8).”
- You can leave questions 30.b, 30.c., 30.d, 30.e, 30.f, and 30.g blank or write N/A, because they no longer apply to any asylum seekers.
- If a question does not apply to you, put N/A.
ASAP membership card. Right behind your Form I-765, include a printout of your ASAP membership card. Click here to view and print your card. If you are applying for your minor child who does not have their own ASAP membership, include a copy of your ASAP membership card right behind their Form I-765 in their application packet.
Proof of relationship in English (only if applying for your child). If you are applying for a work permit for your child, you should include a copy of your ASAP membership card right behind your child’s Form I-765. Right behind your ASAP membership card, you also need to include proof that you are their parent—for example, a copy of their birth certificate with your name and their name on it. If the birth certificate (or other proof of relationship) is not in English, you should also include an English translation with a certificate of translation.
2 passport-sized photos. Print 2 passport-sized photos and write your name and A# in pencil or felt-tip marker on the back of the photos. Attach the photos to the top right corner of the first page of the I-765.
A copy of your passport or another government ID with photo in English. If the passport or government ID is not in English, include a translation of the ID and a certificate of translation.
If possible, evidence of submitting your asylum application. For example, you could submit a receipt notice from USCIS, the stamped first page of your I-589 application, or a copy of your next hearing notice in the immigration court.
If you are applying to renew a work permit you already have, make sure to check box 1.c. on the Form I-765 and include a copy of your previous work permit.

Every member of your family who is applying for a work permit needs to prepare a separate application packet, including their own Form I-765. Each packet should include the above documents in the correct order. The packets can be mailed together.

See this sample application for an example!

In addition, click here to see a translation of the Form I-765 into Spanish. You should only use this translation as a guide. Do not submit the Spanish version of the form, because the government will only accept the form in English.

Special Notes:

On February 7, 2022, a judge ruled that the Trump administration’s old work permit rules are illegal for all asylum seekers.
However, we have heard from asylum seekers and immigration attorneys that both non-ASAP members and ASAP members are not receiving their initial work permits within 30 days. ASAP is fighting for our members’ initial work permits to be processed within 30 days! That is why we still recommend that ASAP members continue to submit ASAP membership cards with their work permit applications, even though the cards do not currently guarantee 30-day processing.
Also, as of May 2022, USCIS’s work permit application form and instructions have not been updated to show these new changes. That means there is INCORRECT information in the USCIS instructions online, which can be confusing! For official confirmation of the current rules, read this USCIS announcement.
We will keep our website updated as we learn more.

Is there an example of what my work permit application should look like?

Yes! Here is a sample work permit application and supporting documents from an ASAP member.

Where should I send my work permit application?

You will need to submit your work permit application to USCIS by mail, FedEx, UPS, or DHL. Asylum seekers applying for work permits under category (c)(8) cannot submit their work permit applications online at this time.
Click here to see where to send your application. If you are applying for a work permit based on your pending asylum application, you should use the addresses listed under category “(c)(8).” These addresses may change, so make sure to check the USCIS website for the most up-to-date mailing addresses and instructions.
If you use FedEx, UPS, or DHL to send your application, make sure to include the line that says “Attn: I-765 C08 (650888)” in the address. If you don’t include this line, the government could delay your application.
If possible, get a tracking number for your application and save it! You will need it if the government delays your application.

How can I apply for a work permit for my child?

You can apply for a work permit for your child if they are included in your pending asylum application or have their own pending asylum application, regardless of how young they are. You need to fill out a separate work permit application packet for each child.

Many parents want to apply for work permits for their children because it provides a form of U.S. government identification. Applying for a work permit also allows children to receive a social security number, which can mean access to government benefits like the Child Tax Credit.

How long will it take to get a response after I submit my initial work permit application?

If you are applying for your first work permit based on an asylum application, USCIS must process your application within 30 days. They should send you a decision by mail. However, unfortunately, this does not always happen. If you do not receive a decision from USCIS within 30 days, learn what steps you can take to address the delay.

If your work permit application is granted, congratulations! You should receive your work permit card in the mail. If you asked for a social security number, you should separately receive your social security card in the mail. You can check the expiration date of your work permit card to know how long your work permit is valid. We recommend applying to renew your work permit at least 6 months before the expiration date.

If your work permit application is denied, we are very sorry. Read about possible problems and what you can do.

How do I check the status of my work permit application?

You can use the USCIS online case status tool to find out the status of your application at this USCIS website. You can also call USCIS directly at 1-800-375-5283. Some people have reported that they have been able to get through to a representative if you say “Info Pass” loudly into the telephone when they ask you to explain why you are calling.