S. 5308: Afghanistan TPS Act of 2026

This bill would make Afghanistan eligible for Temporary Protected Status (TPS) under U.S. immigration law for a set period. TPS is a temporary immigration status that can allow people from a designated country to stay in the United States and, if approved, work legally.

What the bill would do

• Designate Afghanistan for TPS starting on the date the bill becomes law and continuing through July 1, 2029.
• Require the Department of Homeland Security to accept, process, and decide applications for TPS and related work authorization from Afghan nationals.
• Set a 90-day deadline for deciding each application, with the option to extend that deadline by up to 150 days if DHS certifies that national security concerns involving a specific applicant require more time.
• Allow Afghan nationals already in the U.S. on the date of enactment to qualify if they meet the other TPS requirements, including:
  • continuous physical presence in the United States since the bill becomes law,
  • being otherwise admissible under immigration rules, and
  • registering properly, including providing biographic and biometric information and completing background checks.
• Allow travel permission in limited cases for TPS holders who need to leave the country briefly because of emergency or other extenuating circumstances, if DHS approves it.
• Allow fee waivers for TPS application fees for people who qualify only because Afghanistan is designated under this bill.

Practical effect

If enacted, the bill would give eligible Afghan nationals in the United States a temporary legal basis to remain in the country and potentially work lawfully, as long as they meet the law’s requirements and remain eligible. It would not create permanent immigration status or citizenship. TPS is temporary and tied to the country designation period.

Relevant Companies

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