The Treasury Department's Office of Foreign Asset Controls has issued a guidance letter regarding the effect of the US embargo on Iran on visa applications made by Iranian nationals.

Richard Newcomb, Director of the OFAC, commented on Executive Order 12529 which prohibits "the importation into the United States, or the financing of such importation, of any goods or services of Iranian origin" is prohibited. Specifically, he commented on whether an Iranian who is resident in Iran is violating or would violate the Executive Order and the Iranian Transactions Regulations in the US Code of Federal Regulations by coming to the US and engaging in employment here. He also addressed the question of whether the employer would be liable even if the employee were not.

Newcomb answered his question assuming that the prospective employee is an Iranian national normally resident in Iran and that the prospective employer has issued a binding offer for the Iranian national to work in the United States.

According to Newcomb, it is unlawful for a US employer to issue a binding offer of US employment to an Iranian resident in Iran or to advance funds for him or her to enter for that purpose since this would constitute an unlawful importation of Iranian-origin services. Similarly, under the rules a US person who causes or attempts to cause such employment to occur would be engaging in an unlawful dealing in services of Iranian origin. But OFAC does NOT view the Iranian national himself or herself to be liable under the regulations.

Also, Newcomb noted that the rules specifically do not cover any services provided in the United States by an Iranian national "resident in the United States." Thus, it is not a violation of the rules to offer employment toan Iranian national once that person is resident in the US. "Resident," according to OFAC, means any Iranian national living in the US, irrespective of whether the Iranian is a US permanent resident or a temporary resident. Further, if the US employer of an Iranian national in the US has not caused or arranged with others for that person to enter the US from Iran to work, it is not a violation of the IRT for the US employer to hire the Iranian national.

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