Afghanistan TPS Act of 2026

Eligibility for Temporary Protected Status: Nationals of Afghanistan who have been continuously physically present in the United States since the date of the Act's enactment can be deemed eligible for this status (Section 2, subsection a and d).

Employment Authorization: The Secretary of Homeland Security is directed to process applications for employment authorization in connection with temporary protected status (Section 2, subsection c, paragraph 1, part A).

Travel Flexibility: Individuals granted temporary protected status may receive prior consent to travel abroad for brief, temporary trips due to emergency or extenuating circumstances (Section 2, subsection e, paragraph 1).

Financial Relief: The Secretary of Homeland Security is required to permit applicants to apply for a waiver of fees associated with filing for temporary protected status (Section 2, subsection f).

Adjudication Delays: While the Secretary is generally expected to complete application adjudications within 90 days, this timeline can be extended by up to 150 days if the Secretary certifies that additional time is needed due to national security interests or derogatory information (Section 2, subsection c, paragraph 2).

Strict Eligibility Requirements: To be eligible, an individual must have been continuously physically present in the United States since the date of the Act's enactment and must undergo criminal and national security background checks (Section 2, subsection d).