Iranian Temporary Immigration Relief Act

[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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