Iran Sanctions and Visa Eligibility

R 082311z Jul 99

Fm Secstate WashDC
To All Diplomatic And Consular Posts
Special Embassy Program

UNCLAS State 128375

Visas - Inform Consuls

E.O. 12958: N/A
Tags: CVIS
Subject: Iran Sanctions And Visa Eligibility

Ref: (A) State 025434 (B) 98 State 3774

1. The department of the treasury's office of foreign assets control published revised regulations on April 26, 1999 that provide substantial clarification of the rules regarding the implementation of the Iran sanctions. The revised regulations now give express guidance on the sanctions' effect on visa eligibility, and supersede Ref B and other previous guidance on this issue. The new regulations provide that no illegal importation of Iranian services will be deemed involved when an Iranian national is: 1) otherwise eligible to receive a visa in one of the categories listed; and 2) performs in the U.S. activities of the type for which the visa is issued. The rule does not extend to certain visa. Categories where the alien is performing such service as an agent, employee or contractor of the Iranian government or a business or other organization in Iran.

2. The economic sanctions imposed against Iran preclude trade in goods and services between Iran and the US. The previous regulations did not define which visa categories could be considered to involve an importation of Iranian services by the U.S. employer. Ref B and other guidance to the field instructed posts to consider the sanctions to preclude U.S. employers from hiring Iranians recently resident in Iran to come to the U.S. to perform full time services for a U.S. employer. This guidance is now superseded by the new regulations.

3. There follows the text of the portion of the new regulations which relate directly to visas (descriptions of the categories have been deleted):

Begin quote:

A) The importation of Iranian-origin services into the United States or other dealing in such services is authorized where such services are performed in the United States by an Iranian citizen or national for the purpose of, or which directly relate to, participating in a public conference, performance, exhibition or similar event, and such services are consistent with that purpose.

B) persons otherwise qualified for a non-immigrant visa under categories A-3 and G-5, D, F, I, J, M, 0 and P, Q, R, or S are authorized to carry out in the United States those activities for which such a visa has been granted by the US State Department.

C) Persons otherwise qualified for a visa under categories E-2, H1-B, or L, and all immigrant visa categories are authorized to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department, provided that the persons are not coming to the United States to work as an agent, employee or contractor of the government of Iran or a business entity or other organization in Iran. End quote.

4. Based on these revised regulations, posts may issue:

B-1 visas for purposes described in para 3(a);
The visa categories listed in 3(b);
And visas in the categories named in 3(c) where there is no apparent nexus between the applicant and an Iranian-based business, organization or government entity. Posts may issue such visas without the need of an advisory opinion.

5. Aside from the prohibition in trade in services as defined above, the sanctions continue to preclude trade in most goods between Iran and the U.S., including goods transshipped through other countries. Any visa case where there is reason to believe that the applicant may engage in trade in goods or services should be submitted to CA/VO/L/A for an advisory opinion.

6. Posts are reminded that the revised regulations do not affect the SAO requirements for Iranians. Post should continue to follow the guidance in Ref A in determining when an SAO is required for an Iranian applicant.

Talbott