USCIS today announced that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 Treaty Trader and E-2 Treaty Investor changes or extensions of status based on the treaty.

Iranians currently holding and properly maintaining E-1 or E-2 status may remain in the U.S. until their current status expires. It is critical that all Iranian nationals holding E-1 or E-2 status immediately explore their options for moving to another visa category.

In particular, now is the time to explore H-1B options.  This year H-1B filing will require pre-registration starting March 1, 2020.  The deadline for filing pre-registrations is March 20, 2020.

The E-1 and E-2 nonimmigrant visa classifications allow an alien of a treaty country to be admitted to the United States for the purposes of engaging in international trade or investing a substantial amount of capital into a U.S. business.

E-1 and E-2 nonimmigrant visas are based on trade and investment treaties or specific legislation. The existence of a qualifying treaty or authorizing legislation is a keystone requirement for maintaining E-1 or E-2 status.

According to today’s announcement, USCIS will send Notices of Intent to Deny to affected applicants who have pending E-1 or E-2 applications.

Contact E&M Mayock if you are affected by this announcement and seek to explore other immigration options.