DOS Advisory Opinion on Iran Sanctions

The following is an exchange of emails between AILA member Atessa Chehrazi and the State Department Advisory Opinion unit, conducted via the LEGALNET@state.gov email address:

Text of request from Atessa Chehrazi:

Dear Mr. Gorsky:

I write to confirm my understanding that the Department of State cable (no. 98-State-128375) sent on 7/8/99 to all diplomatic and consular posts remains the latest DOS guidance and position on the effect of Iranian sanctions regime on Iranians' visa eligibility.

The cable, based upon Department of the Treasury regulations of 4/26/99 interpreting the latest Executive Order 13059 of 8/19/97, states that "no illegal importation of Iranian services will be deemed involved when an Iranian national is otherwise eligible to receive a visa in one of the categories listed, and (2) performs in the U.S. activities of the type of which the visa is issued". The cable lists visa categories A-3, G-5, D, F, I, J, M, O, P,Q, R, S, participation in conferences or similar events, and E-2, H-1B, L, and immigrant visas.

In the employment-based E-2, H-1B, L, and immigrant visa categories, the cable excludes Iranian aliens "performing such service as an agent, employee or contractor of the Iranian government or a business or other organization in Iran." 

Based on this cable, it is my understanding that an Iranian seeking E-2, H-1B, L, or immigrant status is not inadmissible as an "illegal importation of Iranian services" merely on the basis that s/he has been living and working in Iran. Rather, it must be evident to a consular officer that the Iranian seeks to enter the U.S. "as an agent, employee or contractor of the Iranian government or a business or other organization in Iran."  Please let me know if my understanding of the effect and meaning of the DOS cable is correct.

Many thanks for your time and assistance,

Reply from the Legal Advisory Opinions office:

The Department has not changed its policy since the publication of the OFAC regs and the 99 cable (99 State 128375, not 98 State).  The fact that an H-1b applicant is resident in Iran is not in itself a basis for denying a visa under the Iran sanctions.  There must be evidence that the alien is coming to perform services as an agent, employee or contractor an Iranian entity.