Can an Asylee Get a Social Security Number?
If you have been granted asylum in the United States, you may be wondering whether you can get a Social Security number (SSN). The short answer is yes. An individual who has been granted asylum can generally obtain a Social Security number and is considered authorized to work in the United States.
There is an important distinction, however, between someone whose asylum application is still pending and someone who has already been granted asylum. Once asylum has been granted, the Social Security Administration (SSA) treats the person differently for Social Security number purposes.
This guide explains how Social Security numbers work for asylees, what documents may be needed, whether an asylee needs an Employment Authorization Document (EAD), and what to do if there is a problem verifying the asylum grant.
What Is an Asylee?
An asylee is a person who has been granted asylum in the United States after establishing eligibility for protection based on persecution or a well-founded fear of persecution on a protected ground under U.S. immigration law.
The important point for this article is that being granted asylum is different from simply applying for asylum.
A person with a pending asylum application may have employment authorization under the applicable rules and may have an EAD. But a person whose asylum has actually been granted has a different immigration status for Social Security purposes.
The SSA's current policy states that individuals who have been granted asylum are treated as having permanent employment authorization for purposes of issuing an SSN card.
Can an Asylee Get a Social Security Number?
Yes.
An asylee can apply for a Social Security number. In fact, the SSA treats a person who has been granted asylum as having employment authorization that is inherent in the asylee status.
According to SSA policy, asylees who provide appropriate evidence of their status are issued unrestricted Social Security cards. An unrestricted card does not contain the employment restriction printed on many temporary immigration-related SSN cards.
This is an important difference from a person who has only filed an asylum application.
Does an Asylee Need an EAD to Get an SSN?
Generally, an asylee does not need an EAD simply to establish employment authorization after asylum has been granted.
SSA specifically instructs its personnel to treat applicants who provide evidence of asylee status as having permanent employment authorization. The agency can verify the person's asylee status through the appropriate government verification system.
An EAD can still be useful as an immigration document in certain circumstances, but the employment authorization of a person who has already been granted asylum is not dependent on having a current EAD in the same way that it may be for an asylum applicant whose case remains pending.
What Type of Social Security Card Does an Asylee Receive?
The SSA generally issues an asylee an unrestricted Social Security card.
SSA explains that it issues unrestricted cards to U.S. citizens and people who are lawfully admitted to the United States on a permanent basis. Its internal policy specifically directs SSA to treat granted asylees as having permanent employment authorization and to issue an unrestricted card.
This is different from the card issued to some noncitizens whose work authorization is temporary.
For example, a Social Security card may contain the wording:
“VALID FOR WORK ONLY WITH DHS AUTHORIZATION.”
That restriction generally applies to people whose employment authorization depends on separate DHS authorization.
A granted asylee, by contrast, is treated differently under SSA's current policy.
What Documents Can an Asylee Use?
When applying for an SSN, the applicant must provide acceptable evidence of identity, age, and immigration status as required by SSA.
Depending on the circumstances, immigration documents may include documents such as:
Form I-94 showing the person's immigration status;
an unexpired foreign passport together with appropriate immigration evidence;
an Employment Authorization Document (Form I-766), when applicable; or
other acceptable DHS documentation establishing the person's status.
SSA explains that applicants generally need to present original documents or copies certified by the issuing agency. Photocopies and notarized copies generally are not accepted.
The exact documents required can depend on the person's circumstances, so an applicant should follow the current SSA instructions rather than relying on an old checklist.
What If SSA Cannot Immediately Verify the Asylum Grant?
Sometimes an asylee may have difficulty getting an SSN because the asylum grant does not immediately appear in the verification system used by SSA.
This does not necessarily mean that the person is ineligible for an SSN.
SSA uses the Systematic Alien Verification for Entitlements (SAVE) process to verify immigration status. Current SSA instructions explain that if an initial SAVE response does not verify the granted-asylum status, SSA may use additional verification procedures involving the Department of Justice's Executive Office for Immigration Review (EOIR).
Therefore, a verification problem can sometimes be an administrative issue rather than a problem with the underlying asylum grant.
What Is the Difference Between a Granted Asylee and a Pending Asylum Applicant?
This is one of the most important distinctions.
Granted asylee
A person whose asylum has been granted is treated by SSA as having permanent employment authorization for SSN purposes. SSA generally issues an unrestricted SSN card to the asylee.
Pending asylum applicant
A person who has merely applied for asylum has not yet been granted asylum.
If that person is separately authorized to work, the person may qualify for an SSN based on the applicable employment authorization. SSA explains that applicants with temporary work authorization may receive an SSN card carrying the restriction:
“VALID FOR WORK ONLY WITH DHS AUTHORIZATION.”
Therefore, simply filing an asylum application does not automatically make someone a granted asylee.
Can an Asylee Work Without an SSN?
Having authorization to work and having an SSN are related but different issues.
An asylee's immigration status provides employment authorization, but an SSN is generally needed for employment-related reporting and payroll purposes.
USCIS's Form I-765 instructions explain that a person must have an SSN properly assigned in their name to work in the United States and that, when applicable, USCIS can transmit information to SSA so that SSA can assign an SSN.
For this reason, someone who has just received asylum should take steps to obtain an SSN if they do not already have one.
Can an Asylee Request an SSN Through Form I-765?
In situations where a person is filing Form I-765 for employment authorization, USCIS provides an option to request that SSA assign an SSN.
The Form I-765 instructions state that an applicant can request an SSN or replacement Social Security card by answering the relevant questions on the form and providing the required parental information.
However, whether a person needs to use Form I-765 to obtain an SSN depends on the person's particular immigration situation.
A person who has already been granted asylum may instead need to work directly with SSA using evidence of the granted asylum status.
What If the Asylee Already Has an SSN?
If an asylee already has a Social Security number, the person generally does not receive a completely new SSN simply because asylum has been granted.
Instead, the person may need to update or replace the Social Security card so that it accurately reflects the person's current status.
For example, someone who previously received an SSN while holding temporary employment authorization may have a card containing an employment restriction. After asylum is granted, SSA's policy provides for an unrestricted card when the granted-asylee status is properly established.
The underlying SSN normally remains the same.
Can an Asylee Use an SSN for Employment?
Yes.
A granted asylee is authorized to work in the United States, and SSA treats granted asylees as having permanent employment authorization for purposes of SSN issuance.
An unrestricted Social Security card can therefore be used as an SSN card without the temporary DHS-work-authorization restriction that appears on certain other noncitizen cards.
Employers still have to complete the required employment eligibility verification process.
Does Getting an SSN Mean an Asylee Is a U.S. Citizen?
No.
A Social Security number does not make someone a U.S. citizen.
An asylee remains a noncitizen unless the person later obtains another immigration status, such as lawful permanent resident status, and eventually becomes a U.S. citizen through the applicable naturalization process.
The SSN is primarily an identification number used for purposes such as employment records, taxation, Social Security administration, and other situations in which an SSN is legally required.
Can an Asylee Receive Social Security Benefits?
Having an SSN does not automatically qualify an asylee for Social Security benefits.
Eligibility for Social Security benefits depends on the particular benefit and whether the person satisfies the applicable requirements, such as work-credit requirements for certain retirement or disability benefits.
SSA states that lawfully present noncitizens may qualify for Social Security benefits if they meet all applicable eligibility requirements.
Therefore, obtaining an SSN should not be confused with automatically becoming eligible for Social Security payments.
What Should You Do If Your SSN Application Is Delayed?
If you are a granted asylee and your SSN application is delayed, first make sure SSA has the correct immigration documentation.
If SSA cannot immediately verify your asylum grant, ask whether additional verification is required.
SSA's current procedures recognize that an asylee's status may need to be verified through SAVE and, in some cases, through additional EOIR verification.
Keep copies of your immigration records and any notices you receive. If there is a significant discrepancy in your immigration record or your asylum order, consider obtaining advice from a qualified immigration attorney.
Frequently Asked Questions
Can a person granted asylum get an SSN?
Yes. A person who has been granted asylum can generally obtain a Social Security number.
Does an asylee need a work permit to get an SSN?
A granted asylee's employment authorization is inherent in the asylee status for SSA purposes. SSA treats granted asylees as having permanent employment authorization.
Does a pending asylum applicant automatically get an SSN?
No. A pending asylum application is different from granted asylum. A person with a pending case generally needs qualifying employment authorization or another legally recognized basis for an SSN.
Will an asylee receive an unrestricted SSN card?
Generally, yes. SSA policy provides that granted asylees receive unrestricted Social Security cards when their status is properly established.
Does an SSN prove that someone is a U.S. citizen?
No. An SSN does not establish U.S. citizenship.
Can an asylee use the SSN for a job?
Yes. A granted asylee is authorized to work in the United States, subject to the applicable employment-verification requirements.
Conclusion
Yes, an asylee can get a Social Security number.
The most important distinction is whether asylum has actually been granted or whether the person merely has a pending asylum application.
Once asylum has been granted, SSA's current policy treats the asylee as having permanent employment authorization and provides for an unrestricted Social Security card when the person's status is properly verified.
If the person already has an SSN with a work restriction, the person may need to contact SSA to update the Social Security record and obtain an unrestricted card.
Immigration and Social Security procedures can change, and individual circumstances can affect the documents required. Readers should verify current requirements with the Social Security Administration and U.S. Citizenship and Immigration Services before relying on this information for a specific case.
Official Sources
Legal Disclaimer
This article is provided for general educational and informational purposes only. It is not legal advice and does not create an attorney-client relationship. Immigration and Social Security rules can depend on the facts of an individual case and may change over time. For advice about a specific immigration or Social Security matter, consult a qualified U.S. immigration attorney or the appropriate government agency.
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