Case No. IA-2013-299866-1

Date issued: Nov. 30 2015

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TURBOFAC Commentary (390 words)

Notes

1) Section 501 of the Iran Threat Reduction and Syria Human Rights Act provides that “[t]he Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a citizen of Iran that the Secretary of State determines seeks to enter the United States to participate in coursework at an institution of higher education…to prepare the alien for a career in the energy sector of Iran or in nuclear science or nuclear engineering or a related field in Iran.”

As OFAC notes, this visa issuance provision in the TRA is administered only by the State Department. The interpretive question here appears to be whether, where a student visa issued by the State Department states that “the...