Federal Agencies, Agency Memos & Announcements

DOS on Refusal of Empoyment-Based Visas to Iranians

9/19/97 AILA Doc. No. 97120259. Business Immigration, Consular Processing
R 191743Z SEP 97
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
RUEHJB/AMEMBASSY BUJUMBURA 2240
RUEHVJ/AMEMBASSY SARAJEVO 9060
RUEHGZ/AMCONSUL GUANGAHOU 3441
BT

Unclas State 176598

Visas, Inform Consuls

E.O. 12958: N/A

Tags: CVIS

Subject: Refusal of Employment-Based Visas for Iranians Resident in Iran

Ref: (A) Exec. Order 12959 or May 6, 1995, (B) Exec. Order 12613 of Oct. 29, 1987, (C) Newcomb (OFAC) - Hamilton Letter 7/29/97

1. The Office of Foreign Assets Control (OFAC), Department of the Treasury, recently informed the Department that it is unlawful for a U.S. employer to issue a binding offer of employment to an Iranian resident in Iran. Similarly, a U.S. person who causes or attempts to cause such employment to occur would be engaging in an unlawful transaction for services of Iranian origin.

2. The Department has requested the Immigration and Naturalization Service’s opinion as to whether this forms a basis to deny or revoke employment-based petitions for Iranian citizens resident in Iran. Pending an opinion from INS, Department requests that all posts refuse employment- based visas for Iranian citizens resident in Iran under INA 221(g) of the INA.

3. Posts are reminded that refusal procedures outlined in 9 FAM 42.81 for Ivs and 9 FAM 41.121 for NIVs should be carefully followed.

4. Minimized considered.

Madeleine Albright