[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8740 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8740
To provide temporary protected status and employment authorization to
certain Iranian nationals adversely affected by the adjudication pause
of December 2025, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2026
Ms. Ansari (for herself and Mr. Suozzi) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide temporary protected status and employment authorization to
certain Iranian nationals adversely affected by the adjudication pause
of December 2025, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Temporary Immigration Relief
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since early 2026, the United States has been engaged in
armed hostilities with the Islamic Republic of Iran, including
direct military strikes on Iranian territory, naval
confrontations in the Persian Gulf, and sustained operations
targeting Iranian military and nuclear infrastructure. These
hostilities have resulted in significant civilian casualties,
displacement of Iranian populations, and a severe deterioration
of security conditions throughout the Islamic Republic of Iran.
(2) The state of conflict between the United States and
Iran has created extraordinary and temporary conditions in Iran
within the meaning of section 244(b)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1254a(b)(1)(C)), including but
not limited to: destruction of civilian infrastructure;
disruption of essential services including healthcare,
transportation, and communications; economic instability driven
by internal mismanagement, conflict, and broader economic
disruption; and a pervasive climate of danger to any individual
perceived by the Iranian regime as having ties to the United
States, such that Iranian nationals in the United States cannot
safely return to Iran, and their return would pose a serious
threat to their personal safety.
(3) Independent of and compounding the conditions created
by the armed conflict, the Iranian regime has engaged in a
campaign of widespread atrocities against its own civilian
population, including massacres of civilians in January 2026
and the months following, mass arrests of political dissidents
and perceived opponents, extrajudicial killings, enforced
disappearances, systematic use of torture in detention
facilities, the violent suppression of public dissent, a near-
total nationwide internet shutdown. These acts of state
repression constitute additional extraordinary and temporary
conditions within the meaning of section 244(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(C)) and
create a pervasive climate of danger to any individual
perceived by the Iranian regime as having ties to the United
States, opposition sympathies, or connections to the Iranian
diaspora.
(4) The Government of the Islamic Republic of Iran is
distinct from the Iranian people, many of whom oppose the
regime and would face heightened risk of persecution if
returned.
(5) In December 2025, U.S. Citizenship and Immigration
Services implemented a pause on the adjudication of benefit
applications filed by nationals of Iran, in connection with
national security concerns involving the Islamic Republic of
Iran.
(6) The adjudication pause has caused significant and
specific harm to Iranian nationals lawfully present in the
United States who have pending applications for change of
nonimmigrant or immigrant status, extension of stay, or
employment authorization that were filed in good faith and in
compliance with applicable law.
(7) Certain Iranian nationals whose underlying immigration
status may expire during the adjudication pause are now in a
state of legal limbo--their lawful presence depends solely on
the continued pendency of applications that USCIS has paused to
adjudicate, exposing them to potential accrual of unlawful
presence, removal proceedings, and inadmissibility consequences
through no fault of their own.
(8) Certain Iranian nationals whose employment
authorization documents may expire during the adjudication
pause, and whose timely filed renewal applications remain
unadjudicated, are unable to lawfully work, causing severe
financial hardship to them and their families.
(9) These individuals took all steps required by law to
maintain their immigration status and work authorization, and
their current predicament is the direct result of government
action rather than any failure on their part.
(10) Iranian nationals who have resided in the United
States face a heightened and particularized risk of
persecution, detention, interrogation, or violence at the hands
of the Iranian government and its affiliated security forces
upon return to Iran, based on their perceived association with
the United States, their exposure to Western society, and the
Iranian regime's documented pattern of retaliating against
individuals with American connections during periods of
bilateral hostility.
(11) Many of the Iranian nationals affected by the
adjudication pause have, in the months preceding and following
the onset of hostilities, actively and publicly participated in
pro-democracy demonstrations against the Islamic Republic of
Iran within the United States, and have engaged in online
advocacy campaigns--including on social media platforms widely
monitored by Iranian intelligence services--in support of the
Iranian people's aspirations for freedom, human rights, and
democratic governance. These individuals face a particularly
acute and well-documented risk of persecution, imprisonment,
torture, or execution by the Iranian regime should they be
compelled to return to Iran, as the regime has a systematic and
well-documented practice of identifying, tracking, and
retaliating against diaspora activists and their family members
inside Iran.
(12) Among the Iranian nationals adversely affected by the
adjudication pause are engineers, physicians, biomedical
researchers, technology entrepreneurs, academic scientists, and
other highly skilled professionals who have made substantial
contributions to the United States economy, to American
innovation and competitiveness, and to sectors of critical
national importance including healthcare, artificial
intelligence, technology, and advanced manufacturing. The
United States has historically benefitted enormously from the
talents of Iranian-born professionals--who are among the most
highly educated immigrant populations in the country--and the
loss of their labor, expertise, and entrepreneurial activity
due to the adjudication pause causes measurable harm to
American economic output, scientific advancement, and national
competitiveness.
(13) The combination of armed hostilities with Iran and the
adjudication pause has created an unprecedented situation in
which Iranian nationals in the United States are simultaneously
unable to return safely to their home country due to war,
unable to maintain or obtain lawful immigration status due to
the United States Government's refusal to adjudicate their
applications, and unable to work lawfully to support themselves
and their families--a convergence of harms that demands
targeted legislative relief.
(14) It is in the national interest of the United States to
provide temporary protection and work authorization to these
individuals to prevent unjust hardship, maintain economic
productivity, uphold the integrity of the immigration system by
ensuring that individuals who comply with the law are not
penalized for government-caused delays, and to demonstrate that
the United States distinguishes between the Iranian people--
many of whom oppose the Iranian regime--and the Government of
the Islamic Republic of Iran with which the United States is in
conflict.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adjudication pause.--The term ``adjudication pause''
means any suspension, hold, delay, or de facto cessation of the
adjudication by U.S. Citizenship and Immigration Services of
benefit applications filed by nationals of Iran that was
initiated on or after December 1, 2025, whether pursuant to
executive order, presidential proclamation, agency policy
memorandum, or other directive.
(2) Benefit application.--The term ``benefit application''
means--
(A) an application for change of nonimmigrant
classification under section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258), for extension of stay,
or for adjustment of status under section 245 of such
Act (8 U.S.C. 1255); and
(B) an application for employment authorization or
for renewal of an employment authorization document
under section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)) and the
regulations promulgated thereunder.
(3) Eligible individual.--The term ``eligible individual''
means an individual who--
(A) is a national of Iran;
(B) was lawfully admitted to the United States or
otherwise lawfully present;
(C) filed, prior to or during the adjudication
pause, a benefit application, that was not adjudicated
due, in whole or in part, to the adjudication pause;
and
(D) has--
(i) a nonimmigrant status or an authorized
period of stay that has expired or will expire
during the period of the adjudication pause,
such that the alien's continued lawful presence
depends on the pendency of the unadjudicated
benefit application; or
(ii) an employment authorization--
(I) that has expired or will expire
during the period of the adjudication
pause; and
(II) with respect to which any
applicable automatic extension period
under section 274a.13(d) of title 8,
Code of Federal Regulations (or any
successor regulation), has expired or
will expire before the adjudication
pause is terminated or the benefit
application is adjudicated.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. DESIGNATION OF TEMPORARY PROTECTED STATUS FOR ELIGIBLE IRANIAN
NATIONALS.
(a) Designation.--Notwithstanding any other provision of law, for
the purpose of section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a), Iran shall be treated as if it had been designated under
subsection (b)(1)(C) of that section, subject to the provisions of this
section.
(b) Duration.--
(1) In general.--The initial designation under subsection
(a) shall be in effect for a period of 18 months beginning on
the date of enactment of this Act.
(2) Extension.--The Secretary shall extend the designation
under subsection (a) for additional periods of 6 months each if
the Secretary determines, at least 60 days before the end of
the current designation period, that--
(A) the adjudication pause remains in effect, in
whole or in part; or
(B) the conditions that gave rise to the
adjudication pause continue to exist such that eligible
individuals cannot reasonably expect timely
adjudication of their pending applications.
(3) Mandatory extension.--If the Secretary fails to make
the determination described in paragraph (2) at least 60 days
before the end of the current designation period, the
designation shall be automatically extended for 6 months.
(c) Scope.--The designation under this section shall apply
exclusively to eligible individuals. Nothing in this section shall be
construed to create a designation for all nationals of Iran.
SEC. 5. ELIGIBILITY AND APPLICATION.
(a) Eligibility Individuals.--An alien may be granted temporary
protected status in accordance with this Act if the alien--
(1) is an eligible individual;
(2) is physically present in the United States on the date
of enactment of this Act;
(3) has been continuously physically present in the United
States since December 2, 2025;
(4) is not inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a));
(5) has not been convicted of any felony or 2 or more
misdemeanors committed in the United States;
(6) is not described in section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A))
(relating to persecution of others, conviction of particularly
serious crimes, commission of serious nonpolitical crimes, or
danger to the security of the United States); and
(7) is not an alien whom the adjudicating officer or the
Secretary knows or has reasonable grounds to believe--
(A) is or has been an official or agent of the
Government of the Islamic Republic of Iran, the Islamic
Revolutionary Guard Corps, or any entity owned or
controlled by the foregoing, who has been responsible
for or complicit in, or has directly or indirectly
ordered, controlled, or otherwise directed--
(i) acts of corruption, including
corruption related to the extraction, sale, or
significant diversion of natural resources or
public funds;
(ii) gross violations of internationally
recognized human rights, including torture,
extrajudicial killing, prolonged arbitrary
detention, enforced disappearance, or
systematic repression of the rights to freedom
of expression, assembly, or association; or
(iii) the provision of material support,
financing, or significant services to the
Government of the Islamic Republic of Iran, the
Islamic Revolutionary Guard Corps, or any
person or entity that is the subject of
sanctions or designation under Executive Order
13553, Executive Order 13846, the Iran Threat
Reduction and Syria Human Rights Act of 2012,
or any other provision of United States law
relating to Iran; or
(B) is an immediate family member of an alien
described in subparagraph (A) who has knowingly
obtained, or who reasonably should have known that they
were obtaining, any financial benefit or other material
advantage derived from the illicit activity of that
alien described in subparagraph (A).
(b) Application.--
(1) Commencement of adjudication.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
commence the adjudication of applications for temporary
protected status filed in accordance with this Act.
(2) Timing of adjudications.--The Secretary shall
adjudicate any application filed in accordance with this Act
not later than 90 days after receipt of such application.
(3) Fee.--The fee for an application filed in accordance
with this section shall not exceed the fee charged for an
application for temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a).
(c) Waiver of Grounds of Ineligibility.--In determining an alien's
eligibility under this section, the Secretary may waive any ground of
ineligibility under subsection (a).
SEC. 6. EMPLOYMENT AUTHORIZATION.
(a) In General.--The Secretary shall authorize an alien granted
temporary protected status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) in accordance with this Act to engage
in employment in the United States and shall provide such alien with an
employment authorization document.
(b) Timing.--
(1) Interim employment authorization.--Not later than 30
days after an eligible individual files an application for
temporary protected status, the Secretary shall issue an
interim employment authorization document valid for a period of
180 days, unless the Secretary determines within such 30-day
period that the applicant is ineligible.
(2) Final employment authorization.--Upon granting
temporary protected status, the Secretary shall issue an
employment authorization document valid for the duration of the
designation under section 4.
(c) Automatic Extension of Existing EAD.--For any eligible
individual who has a pending benefit application for an employment
authorization that is subject to the adjudication pause, the automatic
extension period under section 274a.13(d) of title 8, Code of Federal
Regulations, shall be extended for an additional period equal to the
duration of the adjudication pause, plus 180 days.
(d) No Gap in Work Authorization.--For purposes of any Federal or
State law, regulation, or policy, an eligible individual who is granted
temporary protected status in accordance with this Act shall be deemed
to have been continuously authorized for employment from the date on
which the individual's prior employment authorization expired due to
the adjudication pause through the date on which employment
authorization is issued under this section. No employer shall be liable
under section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) for employing such individual during such gap period.
SEC. 7. PROTECTION OF PENDING APPLICATIONS AND STATUS.
(a) No Prejudice.--The filing for, receipt of, or grant of
temporary protected status in accordance with this Act shall not--
(1) be considered a negative factor or adverse evidence in
the adjudication of any pending or future application for
change of nonimmigrant classification, extension of stay,
adjustment of status, employment authorization, or any other
immigration benefit;
(2) constitute an abandonment of any pending application
for any immigration benefit;
(3) affect the priority date, processing date, or queue
position of any pending application; or
(4) be used as a basis for initiating removal proceedings
or for any enforcement action.
(b) Protection Against Unlawful Presence.--No period during which
an eligible individual has temporary protected status under this Act,
or during which the individual's application for such status is
pending, shall be considered a period of unlawful presence under
section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)).
(c) Protection Against Accrual During Pause.--Notwithstanding any
other provision of law, no period during which an eligible individual's
application was pending and subject to the adjudication pause shall be
considered a period of unlawful presence for purposes of any provision
of the Immigration and Nationality Act, regardless of whether the
individual is granted temporary protected status under this Act.
(d) Travel Authorization.--The Secretary shall establish a process
by which individuals granted temporary protected status in accordance
with this Act may apply for advance parole for travel outside the
United States. Such travel shall not constitute an abandonment of any
pending application for change of status, adjustment of status, or
other immigration benefit.
SEC. 8. REPORTING.
Not later than 90 days after the date of enactment of this Act, and
every 90 days thereafter until all applications subject to the
adjudication pause have been adjudicated, the Secretary shall submit to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that includes--
(1) the total number of applications subject to the
adjudication pause, disaggregated by application type;
(2) the number of applications adjudicated during the
reporting period;
(3) the number of adjudication applications approved,
denied, and pending;
(4) the average processing time for adjudicated
applications;
(5) the total number of applications for temporary
protected status filed in accordance with this Act during the
reporting period, and the cumulative total since the date of
enactment;
(6) the number of applications for temporary protected
status approved during the reporting period, and the cumulative
total since the date of enactment; and
(7) the number of applications for temporary protected
status denied during the reporting period, disaggregated by the
basis for denial, including the number denied on national
security grounds under section 5(a)(6), the number denied on
public safety grounds under section 5(a)(5), and the number
denied on all other grounds, together with a description of the
categories of such other grounds.
SEC. 9. RULEMAKING.
(a) Interim Final Rule.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall publish an interim final
rule implementing this Act, which shall take effect immediately upon
publication.
(b) Final Rule.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish a final rule
implementing this Act after providing an opportunity for public comment
on the interim final rule.
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