USCIS has announced that Iranians in the U.S. will not be eligible for extensions of E-1 or E-2 visa status or changes to that status from another visa classification. The announcement comes more than a year after the U.S. Department of State notified Iran on October 3, 2018, of the termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights. Since there are no other qualifying treaties or any relevant specific legislation, there are no other options for Iranians to obtain E-1 or E-2 status.

Iranians currently in the U.S. in E-1 or E-2 status may remain until their current status expires and have the option of applying to change status if they are eligible for a different visa status. Those with pending E-1 or E-2 petitions that were filed after October 3, 2018 will receive Notices of Intent to Deny.

E-1 Treaty Traders are those who conduct substantial trade in goods, services and technology principally between the U.S. and the foreign country of which they are citizens or nationals. E-2 Treaty Investors direct enterprises in which they have invested or are actively investing a substantial amount of money in the U.S.

This announcement does not come as a surprise following the termination of the 1955 Treaty, Iranians are already subject to the Travel Ban, as visa and travel options continue to be restricted for them.

If you have any questions about available visa options for Iranian nationals, please reach out to a Jackson Lewis attorney.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.