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[HOT] CFR supporting the position that EB-5-based immigrant visas for Iranians should not be treated differently


* It should be noted that there may be some other financial or agency regulations prohibiting Iranians from using certain prohibited banks which may cause additional difficulty with Iranian EB-5 cases. If we get more info on this issue, we will upload it here. I guess this is one of those situations where political relationships between the U.S. and Iran is causing the USCIS to pause or be hesitant in issuing EB-5 related approvals for Iranian EB-5 cases. I guess USCIS would act the same way for North Korean EB-5 cases, although I do not mean to imply that Iran and North Korea are similarly viewed by the U.S. government.

See: www.eb-5center.com/OFAC_Iranian

Title 31: Money and Finance: Treasury
PART 560—IRANIAN TRANSACTIONS REGULATIONS
Subpart E—Licenses, Authorizations and Statements of Licensing Policy

§ 560.505 Importation of certain Iranian-origin services authorized; activities related to certain visa categories authorized.

(a) The importation of Iranian-origin services into the United States or other dealing in such services is authorized where such services are performed in the United States by an Iranian citizen or national for the purpose of, or which directly relate to, participating in a public conference, performance, exhibition or similar event, and such services are consistent with that purpose.

(b) Persons otherwise qualified for a non-immigrant visa under categories A–3 and G–5 (attendants, servants and personal employees of aliens in the United States on diplomatic status), D (crewmen), F (students), I (information media representatives), J (exchange visitors), M (non-academic students), O and P (aliens with extraordinary ability, athletes, artists and entertainers), Q (international cultural exchange visitors), R (religious workers), or S (witnesses) are authorized to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department.

(c) Persons otherwise qualified for a visa under categories E–2 (treaty investor), H (temporary worker), or L (intra-company transferee) and all immigrant visa categories are authorized to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department, provided that the persons are not coming to the United States to work as an agent, employee or contractor of the Government of Iran or a business entity or other organization in Iran.

[64 FR 20173, Apr. 26, 1999, as amended at 64 FR 58791, Nov. 1, 1999]