Iranian Temporary Immigration Relief Act

Overview

• Bill: H.R. 8740 (Iranian Temporary Immigration Relief Act)
• Session: 119th Congress
• Purpose: Provide temporary protected status (TPS) and employment authorization to certain Iranian nationals adversely affected by a pause in adjudication of benefit applications starting December 2025, and related protections and processes.

Main purpose and intent

• To shield eligible Iranian nationals in the United States from harsh immigration consequences caused by an adjudication pause initiated in December 2025.
• To recognize the unique, temporary hardships created by ongoing U.S.–Iran hostilities and related Iranian regime actions, and to avoid penalizing individuals due to government-caused delays.
• To maintain economic productivity and demonstrate a distinction between the Iranian people and the Iranian government.

Key provisions and changes

• Designation of TPS for Eligible Iranians

  • Iran is treated as designated under INA section 244(a) for TPS purposes for an initial 18-month period, with automatic six-month extensions if conditions persist, and a mandatory extension if the extension determination is not made 60 days before the end of the current period.
  • The designation applies only to eligible individuals, not to all Iranian nationals.

• Eligibility and Applications

  • Eligible individual criteria (Section 5):
  • National of Iran, physically present in the U.S. on enactment date, continuously present since December 2, 2025.
  • Not inadmissible and not disqualified due to certain criminal or security grounds.
  • Not an official/agent of the Iranian government or affiliated entities with disqualifying ties, or immediate family members connected to such individuals.
  • Eligible benefit types include changes of nonimmigrant status, extensions of stay, adjustments of status, and employment authorization (including renewals).
  • USCIS must begin adjudicating TPS applications within 30 days of enactment and adjudicate them within 90 days of receipt.
  • Fees for TPS applications under this act shall not exceed standard TPS fees.

• Employment Authorization

  • TPS grants automatic employment authorization; an interim EAD is issued within 30 days of filing (valid 180 days unless later deemed ineligible).
  • Final EAD issued upon TPS grant, valid for the TPS designation period.
  • Automatic extension of existing EADs to cover the adjudication pause period plus 180 days.
  • Clear guidance that employers are not liable for unlawful employment during the pause period if hiring occurs during the transition.

• Protections for Pending Applications and Status

  • TPS processes cannot be used as grounds for denial, abandonment, altered priority, or removal actions against pending applications.
  • Periods of TPS or pending TPS remain excluded from unlawful presence calculations.
  • Travel authorization (advance parole) available for TPS recipients, without deemed abandonment of other immigration benefits.

• Reporting and Rulemaking

  • Ongoing reporting to Congress every 90 days on pause-related applications, adjudications, approvals/denials, processing times, and TPS metrics.
  • Interim final rule within 30 days of enactment; final rule within 180 days after enactment, with public comment on the interim rule.

Who and what would be affected

• Affected Individuals:
  • Iranian nationals who had pending immigration benefit applications affected by the December 2025 adjudication pause and meet eligibility criteria.
  • Individuals with expiring status or work authorization whose protections were paused, and who demonstrated good-faith compliance with immigration law.
• Employers:
  • Employers would be able to hire TPS recipients without liability for past gaps in employment authorization, and would rely on TPS-related EADs for work authorization during the designation period.
• Immigration System:
  • USCIS adjudication processes would be adjusted to initiate and complete TPS determinations for eligible Iranians within specified timelines.
  • New procedures for travel (advance parole) for TPS recipients.

Procedural and timeline aspects

• Designation duration:
  • Initial TPS designation: 18 months from enactment.
  • Potential 6-month extensions if conditions persist. Automatic 6-month extension if the extension decision is not made 60 days before the current period ends.
• Eligibility determination and adjudication timelines:
  • adjudication of applications to begin within 30 days; decisions within 90 days of receipt.
• Rulemaking timeline:
  • Interim final rule within 30 days; final rule within 180 days with public comment.
• Reporting:
  • Biannual-like cadence: reports due 90 days after enactment and every 90 days thereafter until all adjudication-pause applications are adjudicated.

Summary

H.R. 8740 creates a targeted, temporary relief path for Iranian nationals affected by a December 2025 pause in USCIS benefit adjudications. It designates Iran for TPS for 18 months (with possible extensions), establishes eligibility standards tied to prior lawful presence and good conduct, authorizes employment during TPS, protects pending applications from penalties or unlawful presence consequences, and requires ongoing reporting and rulemaking to implement the program. The bill aims to mitigate humanitarian, economic, and national-security-related harms caused by the pause while demonstrating a clear separation between the Iranian people and the Iranian regime.