IMPORTANT UPDATE:

If you are a member of ASAP or CASA, you can apply for your work permit 150 days after your asylum application receipt date. Your asylum application receipt date is shown on your asylum application receipt. It is not the date that you mailed in your application, but rather the date that USCIS officially processed receipt of your application. There is often a delay of several days or even weeks between when you mail your application and your application receipt date.

If you are not a member of ASAP or CASA, you can apply for your work permit 365 days after your asylum application receipt date.

The difference in the waiting time for ASAP and CASA members versus non-members is because of an ongoing court case that challenges a Trump Administration policy to extend the waiting time to apply for a work permit for all asylum seekers. The judge hearing the case decided to extend a temporary protection to the members of the organizations that started the court case. Once the court case is decided, the decision will apply to all asylum seekers - all asylum seekers will either have to wait 150 days or 365 days to apply for their work permit. The last steps of the court case are scheduled to happen at the end of July. There will likely be a decision on the case in the next few months.

You can learn more about how to become a member of one of these organizations below.

To become a member of ASAP, you have to have an A-number and be over 18 years of age. It is free to become a member of ASAP. You can read more and apply here. ASAP’s application is available in English and Spanish.

To become a member of CASA, you have to live in Virginia, Maryland, or Pennsylvania. It costs $35 to become a member of CASA. You can read more and apply here.

When you submit your work permit application, include a copy of your ASAP or CASA membership card as the first piece of supporting documentation. You should also include a cover letter at the beginning of your application, which should state your membership. This will make it clear to the USCIS official who processes your application that you are entitled to the protections that are currently being extended to these organizations.

If you are a member of ASAP or CASA, you are technically entitled to have your work permit application processed within 30 days of the receipt date. However, in practice, this doesn’t always happen. Please see the next question for a list of steps you can take if you are an ASAP or CASA member and have been waiting 25 or more days since your work permit application receipt date.

If you are not a member of ASAP or CASA, it typically takes several months to receive your work permit. You can check the estimated processing time here. Under “Field Office or Service Center,” list “Texas Service Center,” which is where asylum seekers are required to submit their I-765 forms.

As mentioned above, if you are a member of ASAP or CASA, you are technically entitled to have your work permit application processed within 30 days of the receipt date. However, in practice, this doesn’t always happen. You can take the following steps 25 days after your work permit application receipt date.

First, call the USCIS Contact Center at (800) 375-5283. You will speak with an automated phone system. It may be hard to get through to a person. Try saying, “I am an ASAP/CASA member and would like to join the Rosario class action..” This will usually trigger the automated system to connect you with a representative. When you speak to the representative, let them know that you’re a member of one of the organizations and your work permit application receipt date. Tell them that you would like to create a service request so you can join the Rosario class action. The Rosario class action is a lawsuit against USCIS because they are not processing work permit applications within the required timeframe. The representative may suggest other courses of action apart from creating a service request number. You should insist that they create a service request number since you cannot proceed in joining the class action without it.

After the representative creates a service request number, wait eight business days. Most RIF members have been receiving their work permit approval within this eight-day window. However, if you don’t, you can now join the Rosario class action.

To join the Rosario class action, email tsc.classaction@uscis.dhs.gov for further assistance. Write “Rosario Class Action” in the subject line of your email and copy asylumEAD@nwirp.org. In the email, include your email, your service request number, the date that the USCIS Contact Center created your service request, your Form I-765 receipt number, the receipt date on your Form I-765 receipt notice, and indicate that you are a member of ASAP or CASA. Once you join the class action, the class action staff will take over advocating to USCIS for your application to be processed in a timely manner.

If you are a member of ASAP, you can also let them know that you’re experiencing a delay in receiving your work permit application. ASAP will also advocate to USCIS to process your application in a timely manner. You can complete this survey to let ASAP know about the delay you’re experiencing: https://forms.gle/obKCHqP1mH7QaKya7. If you have any follow up questions, you can email workpermits@asylumadvocacy.org. This is a good second step to take, however, it is critical that you also reach out to USCIS directly as outlined above.

You can apply for your work permit renewal 180 days before the expiration date of your current work permit. You should apply for your renewal as soon as you become eligible. USCIS has reported delays in processing applications as a result of COVID-19. This means it may take 6-8 weeks for you to receive your receipt after submitting an application. Your work permit renewal receipt will become your proof of work authorization if you don’t receive your new work permit card before your current work permit expires, so it’s critical to receive that receipt before your current work permit expiration date. If you submit a renewal but do not receive the receipt before your current application expires, you will experience a gap in your work authorization and have to stop any employment.

Before you enter into a contract with a private attorney, check with them whether to see if they will apply for your work permit. Sometimes, it is included in the cost of your asylum application. However, sometimes it is an additional fee for your attorney to submit your work permit application.

If you have established that your attorney does plan to apply for your work permit, check in with them a month before you’re eligible to apply for your work permit or renewal to remind them and see if they need any information from you. Confirm once they have submitted the application and make sure to ask for a copy of the application that they submitted for your own records.

RIF does not provide work permit application review. However, if you have questions about the application process, please email maria@rifnyc.org.