Update on Iranian Sanctions
Posted Mar 18, 1999

In an article for the September 1998 Bulletin of The Law Office of Sheela Murthy, we reported that in accordance with the Executive Order 12,959 providing for trade sanctions against Iran, the INS was no longer approving non-immigrant extension applications for Iranian nationals in categories such as F-1 and J-1 that require a foreign residence. Certain non-immigrant categories, including H1B and L-1, which do not require proof that one maintains a foreign residence and intends to return there were considered to be unaffected by the sanctions against Iranians.

Recently, however, INS Service Centers have been indicating that H1B petitions, as well as employment-based permanent petitions, must be denied based upon the above executive order. Such a policy is contrary to guidance that the Headquarters of INS provided to the American Immigration Lawyers Association (AILA) on this issue. According to INS Headquarters, INS is currently reviewing the sanctions requirements and has not yet determined what effect those sanctions may have on any petitions. There is currently no requirement to deny any petitions, but it is possible that INS may at some point decide that the sanctions require such denials. INS will be consulting with other relevant agencies regarding the scope of the sanctions and what action may be needed to comply with the Executive Order.

Watch this space for further updates from The Law Office of Sheela Murthy.