E-Visa Eligibility Update for Iranians

On January 22, 2020, USCIS announced that due to the termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 and E-2 visas or extensions of status.

The E-1 and E-2 nonimmigrant visa classifications allow a national of a treaty country to be admitted to the United States for the purposes of engaging in international trade or investing a substantial amount of capital into a U.S. business. E-1 and E-2 nonimmigrant visas are based on trade and investment treaties or specific legislation providing for reciprocal treatment of the respective countries’ nationals. The existence of a qualifying treaty or authorizing legislation is therefore a threshold requirement for issuing an E visa.

Due to the termination of the treaty, USCIS will send Notices of Intent to Deny (NOID) to affected applicants who filed applications after the Department of State’s Oct. 3, 2018, announcement.

Iranians currently holding and properly maintaining E-1 or E-2 status may remain in the U.S. until their current status expires, but should plan accordingly thereafter.