Visa Waiver Program

Subscribe to Visa Waiver Program

This post updates our post from Jan. 22, 2016, concerning guidance released by the U.S. Department of State about implementation of the Visa Waiver Program (VWP) Improvement and Terrorist Travel Prevention Act. We have updated the post to provide a summary and link to additional information published by U.S. Customs and Border Protection (CBP) concerning the implementation and operation of the new VWP law.  The CBP document can be accessed here.

In its FAQs, CBP reiterates the two new barriers to VWP participation based on travel and dual nationality.  CBP reports that ESTA travelers who are “known” to be included in the dual national category will be notified in late January that their ESTA is no longer valid.  CBP also reports that it is working on notification to ESTA travelers who have traveled to Iran, Iraq, Syria, or Sudan.Continue Reading U.S. Customs and Border Protection Provides Additional Guidance on Implementation of New Visa Waiver Program Law

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

U.S. Customs and Border Protection (CBP) announced that all travelers seeking admission under the Visa Waiver Program (VWP) will be subject to enhanced security measures.  This measure is being implemented in response to concerns that a significant number of foreign fighters, including U.S. and European nationals, have traveled to Syria to support terrorist groups whose ideology and radical views pose a serious security threat to the United States.  U.S. authorities are concerned that members of these terrorist groups who qualify for the VWP will become further radicalized and then attempt to enter the United States to conduct attacks.  The VWP raises a security risk because nationals who qualify for the program are not required to process a visa application at a U.S. Consulate abroad, which requires an in-person interview and submission of additional biographic information, thereby adding another layer of security.
Continue Reading The Visa Waiver Program’s Security is Strengthened in Response to National Security Concerns