Iranian Sanctions Impact on Visas
Date: January 15, 1998
To: Executive Associate Commissioner Field Operations
Executive Associate Commissioner Program
From: Office of the General Counsel
The Department of State has brought to our attention the position of the Office of Foreign Assets Control, United States Department of the Treasury (OFAC), on the effect of trade sanctions against Iran on the immigration of Iranian nationals in employment-based immigrant or nonimmigrant visa categories. Letter from Donna J. Hamilton to David A. Martin (August 21, 1997). Based on E.O. 12,959, 60 Fed.Reg. 24,757 (1995), the trade sanction regulations are codified at 31 C.F.R. Part 560.
Executive Order 12,959 prohibits “the importation into the United States … of any goods or services of Iranian origin.” E.O. 12, 959 Section 1(a). Also prohibited is “any transaction … by a United States person relating to … services of Iranian origin.” Id. Section 1(d). OFAC interprets its implementing regulations to mean that an employer in the United States may lawfully employ an Iranian national in the United States only if the Iranian national was already residing in the United States at the time of hiring. Letter from R. Richard Newcomb to Donna J. Hamilton at 2 (July 29, 1997). We defer to OFAC’s interpretation of its own regulation.
The President directed all Executive agencies “to take all appropriate measures within their authority to carry out the provisions,” E.O. 12,959, Section 3, of the Iran trade sanctions. In order to approve an employment-based visa petition, the Service must find that the person is eligible for the requested visa category. INA Sections 204(b) and 214(c)(1), 8 U.S.C. Sections 1154(b) and 1184(c)(1). Given OFAC’s holding that an employer in the United States may not lawfully make a binding offer of employment to an Iranian national residing in Iran, we believe that the Service should deny an employment-based immigrant or nonimmigrant visa petition filed by an employer seeking to do so. If the Service becomes aware that it has erroneously approved one of these petitions, the Service should revoke approval of the petition, following the appropriate revocation procedures. 8 C.F.R. Sections 205.2(a) and 214.2(b)(11)(iii)(A)(5).
Please take whatever steps may be necessary to assure that decisions in visa petition proceedings are consistent with E.O. 12,959 and with OFAC’s implementing regulations.
Lori L. Scialabba
Acting General Counsel