[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Notices]
[Page 3938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01110]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2656-20; DHS Docket No. USCIS-2019-0022]
RIN 1615-ZB84
Notice Concerning Termination of Eligibility for E-1 and E-2
Nonimmigrant Classification Based on Treaty of Amity With Iran
AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of
Homeland Security.
ACTION: Notice concerning termination of eligibility.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) in the
Department of Homeland Security (DHS) is announcing that nationals of
Iran and their dependents are no longer eligible to change to or extend
their stay in E-1 or E-2 nonimmigrant status on the basis of the 1955
Treaty of Amity, Economic Relations, and Consular Rights between the
United States and Iran (the Treaty of Amity) due to the treaty's
termination.
DATES: This announcement is made on January 23, 2020, and describes
policy that governs adjudications on or after that date.
FOR FURTHER INFORMATION CONTACT: Charles Nimick, Chief, Business and
Foreign Workers Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Ave. NW, Suite 1100, Washington, DC 20529-2120;
telephone: (202) 272-8377 (not a toll-free call). Individuals with a
hearing or speech impairments may access the telephone numbers above
via TTY by calling the toll-free Federal Information Relay Service at
1-877-889-5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The Immigration and Nationality Act (INA),
as amended, establishes the E nonimmigrant visa classification. Under
section 101(a)(15)(E) of the INA, an otherwise admissible alien is
eligible for E visa classification if ``entitled to enter the United
States under and in pursuance of the provisions of a treaty of commerce
and navigation between the United States and the foreign state of which
he is a national[.]'' The existence of a qualifying treaty or
authorizing legislation is therefore a threshold requirement for the
issuance of an E visa or for obtaining such status.
On October 3, 2018, the U.S. Department of State notified Iran of
the termination of the Treaty of Amity. Subsequently, on October 23,
2019, the U.S. Department of State provided DHS with formal notice of
the termination of the treaty. There are no other qualifying treaties
with Iran currently in force or other Iran-specific bases for granting
or extending E-1 or E-2 status to Iranian nationals. Accordingly, a
national of Iran is no longer eligible for an extension of stay in E-1
or E-2 status or a change of status to E-1 or E-2 on the basis of the
Treaty of Amity. Aliens who are currently in valid E-1 or E-2 status on
the basis of the Treaty of Amity, including their family members who
are also in valid E status, will be required to depart from the United
States upon expiration of their authorized period of stay in the United
States, unless otherwise authorized to remain in the United States
(e.g., pursuant to a change of status to another nonimmigrant status or
adjustment of status to lawful permanent residence).
USCIS will issue Notices of Intent to Deny (NOIDs) to the affected
applicants who have pending applications for extensions of stay in, or
changes of status to, E-1 or E-2 status on the basis of the Treaty of
Amity. Through the issuance of NOIDs, affected applicants will be
notified of the effect of the treaty termination and given an
opportunity to respond. If the grounds for issuance of the NOID are not
overcome, USCIS will proceed to deny the application.
The changes described in this notice do not prevent Iranian
nationals and their dependents from seeking admission in, or applying
for a grant of, another nonimmigrant visa classification for which they
believe they can establish eligibility under U.S. immigration law.
Mark Koumans,
Deputy Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2020-01110 Filed 1-22-20; 8:45 am]
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