[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Page 3938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01110]



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.


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 

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]