Notice Concerning Termination of Eligibility for E-1 and E-2 Nonimmigrant Classification Based on Treaty of Amity With Iran

• Published date: 23 January 2020
• Record Number: 2020-01110
• Section: Notices
• Court: Homeland Security Department,U.s. Citizenship And Immigration Services

Federal Register, Volume 85 Issue 15 (Thursday, January 23, 2020)

[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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