USCIS Announces That It Will No Longer Approve E-1 or E-2 Visas for Iranian Nationals

US Citizenship and Immigration Services (USCIS) announced that due to the termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights between the US and Iran, it will no longer approve petitions for E-1 and E-2 visas – even those already filed and pending.  For these cases, it will issue Notices of Intent to Deny.

 

E-1 Treaty Trader and E-2 Treaty Investor visas are by definition limited to countries with which the US has a treaty permitting them. the State Department maintains a list of counties with each visa currently in force online here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html.  As of this writing on January 22, 2020, Iran has not yet been removed from the list – perhaps because, unlike most nonimmigrant visa permitting employment, these visas can also be adjudicated at a consular post abroad without first going though USCIS.

 

The Treaty of Amity, Economic Relations, and Consular Rights with Iran was actually terminated by the administration in October of 2018 – however, USCIS is only now issuing guidance on how they will interpret this action with regard to E-1 and E-2 visas permitted under the treaty.