Iranian Nationals No Longer Eligible for E-1 or E-2 Visas
Iranian nationals will no longer be eligible to apply for US E-1 treaty trader and E-2 treaty investor visas.
In an announcement on January 22 2020, USCIS confirmed the change was a direct result of the ending the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran in October 2018.
The E-1 and E-2 routes are nonimmigrant visa classifications that permit foreign nationals to enter the USA to carry out substantial trade or to establish or invest in a US-based enterprise.
Among the qualifying criteria is that requirement for applicants to be a national of a country with which the US maintains a treaty of commerce and navigation or where there is specific legislation providing for reciprocal treatment of the respective countries’ nationals. Termination of the Treaty with Iran now renders Iranian nationals ineligible under the E visa classification.
USCIS has advised they will send Notices of Intent to Deny (NOID) to affected applicants who filed applications after the Department of State’s October 3 2018 termination announcement.
Iranians currently holding and properly maintaining E-1 or E-2 status may remain in the US until their current status expires.
The changes do however not prevent Iranian nationals and their dependents from seeking admission in, or applying for a grant of, another nonimmigrant visa classification where they can establish eligibility under US immigration law.
If you have any queries about US visa eligibility or applications, speak to our US immigration specialists.
Last updated: February 16, 2020
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Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
