Matt Virkstis

On Jan. 21, 2016, the Department of State (“Department”) announced that it had begun the implementation of changes to the Visa Waiver Program (VWP), which were enacted as part of the Consolidated Appropriations Act, 2016.  The Department reiterated that nationals of the 38 VWP countries who had traveled to Iran, Syria, Iraq, or Sudan after March 1, 2011, would no longer be eligible to use the VWP.  We refer to these as travel restrictions.  Furthermore, as provided by the new law, nationals of VWP countries who are also nationals of Iran, Syria, Iraq, or Sudan would also not be eligible to participate in the VWP.  These are nationality restrictions.  It is important to note that Canadian citizens, who are not required to obtain a visa for purposes of U.S. travel (and are not VWP participants), are not affected by the new laws.

In its announcement, the Department provided further clarification in regard to the new law’s implementation.  As of Jan. 21, 2016, any individual who currently holds a valid Electronic System for Travel Authorization (ESTA) and who had indicated on the ESTA application that they held dual nationality with Iran, Syria, Iraq, or Sudan, will have their ESTAs revoked.  We note that under the terms of the new VWP law, additional countries may be added to the current list.Continue Reading U.S. Department of State Announces Implementation of New Visa Waiver Program Law

Congressional efforts to pass sweeping immigration reform have stalled following the 2013 Senate passage of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. But lawmakers continue to press the case that our system of employment-based immigration merits congressional attention.

A quick survey of legislation introduced during the first session of the 114th Congress reveals that 105 bills have been introduced on the subject of immigration.  These bills address a variety of immigration policies including interior enforcement, border security, workplace verification, and employment-based immigration.  Among these bills are policy ideas that would have a meaningful impact on our current system.  As an aside, the survey also reveals how difficult it is to pass immigration legislation in the current legislative environment: only two bills, H.R.3009 (dealing with “sanctuary cities”) and S.1300 (dealing with international adoption) have been approved by a single chamber during the first seven months of the session.  And only a handful has even had the benefit of any committee consideration.Continue Reading Legislative Roundup: Business-Related Immigration Bills in the 114th Congress