Do you hold an E-1 or E-2 Status as an Iranian National?

Do you hold an E-1 or E-2 Status as an Iranian National?

On October 3, 2018, the U.S. Department of State notified Iran of the termination of the 1955 Treaty of Amity. This means that 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. Aliens and their family members who currently are in valid E-1 or E-2 status may remain in the U.S. until their current status expires, unless they change status to another nonimmigrant status or file an adjustment of status to lawful permanent resident.

E-1 (treaty trader) and E-2 (treaty investor) visas are based upon a treaty between the United States and the foreign state of which one is a national. If there is no qualifying treaty or authorizing legislation, then an E visa cannot be issued. The Immigration and Nationality Act (INA) establishes the E nonimmigrant visa classification for an admissible alien 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.”

Basically, E-1 and E-2 nonimmigrant visas are based on trade and investment treaties allowing 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.

USCIS will be issuing Notices of Intent to Deny (NOID) to those applicants who filed after the October 3, 2018 announcement. If you have a pending application for extension of stay in, or change of status to E-1 or E-2, you will be notified of the effect of the treaty termination and given an opportunity to respond.

For more information, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.

Sevahn Merian

Associate Attorney, Immigration Law Department

The Law Offices of Joumana Kayrouz, PLLC

phone: (248) 557-3645 fax: (248) 200-0645 email: smerian@joumanakayrouz.com

1000 Town Center, Suite 800 Southfield, MI 48075