Category Archives: Visa Waiver Program

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DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report

On Aug. 7, the Department of Homeland Security (DHS) released the Fiscal Year 2017 Entry/Exit Overstay Report (or Overstay Report). Visa Overstay Reports have been requested by Congress in recent fiscal years as a means to encourage development of a barometric Port of Entry visa checking system and to report on overstays that were identified … Continue Reading

New DOS Rule Regarding Misrepresentation – An End to the 30/60 Day Rule

On Sept. 1, 2017, the U.S Department of State (DOS) updated the Field Adjudicators Manual (FAM) at 9 FAM 302.9-4(B)(3).  The Field Adjudicators Manual (FAM) serves to guide consular officers in their adjudications process, and this particular section provides guidance regarding “misrepresentation” by applicants “at the time of visa application or to DHS when applying … Continue Reading

European Commission Delays Decision about U.S. Visa Waiver Reciprocity

In June we wrote about the April 12, 2016, European Commission Communication to the EU Council and Parliament concerning visa-free travel reciprocity with the United States and Canada.  In its communication, the Commission requested a response and advice from the EU Parliament and Council by July 12 on how to move forward in light of … Continue Reading

The Current State of the Visa Waiver Program and Recent Developments within the European Union

Since the enactment of the Consolidated Appropriations Act of 2016, which contained significant changes to the United States’ Visa Waiver Program (VWP) with the inclusion of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, there has been considerable concern—and uncertainty—about the impact the new law will have on individuals who have … Continue Reading

e-Passport Mandatory for the Visa Waiver Program

On May 9, 2016, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) released a statement clarifying that as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, those individuals utilizing the Visa Waiver Program (VWP) with an Electronic System for Travel Authorization (ESTA) to travel to the United … Continue Reading

U.S. Customs and Border Protection Issues FAQ’s to Changes to VWP

As part of its efforts to educate the public about the new changes to the Visa Waiver Program (VWP) resulting from the enactment of the Consolidated Appropriations Act of 2016, the U.S. Customs and Border Protection (CBP) published Frequently Asked Questions dealing with these changes. By way of background, the VWP permits citizens of 38 … Continue Reading

Countries Ineligible for the Visa Waiver Program Now Include Libya, Somalia, and Yemen

On Feb. 18, 2016, the Department of Homeland Security (DHS) added Libya, Somalia, and Yemen to the growing list of countries that are no longer eligible for the Visa Waiver Program (VWP). These three countries join Iran, Iraq, Sudan and Syria (announced last month as reported here) as countries with restrictions on travel for certain … Continue Reading

U.S. Customs and Border Protection Provides Additional Guidance on Implementation of New Visa Waiver Program Law

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 … Continue Reading

U.S. Department of State Announces 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 … Continue Reading

Congress Weighing Changes to the Visa Waiver Program

The recent tragic events in Paris, France have moved Congress and the Administration to seriously consider changes to the Visa Waiver Program (VWP). The VWP permits citizens of 38 countries to apply for entry to the United States as a visitor, without first obtaining a visa. On Dec. 8, 2015, the House of Representatives passed … Continue Reading

CBP Launches Redesigned ESTA Website for Visa Waiver Program Visitors

On September 10, 2015, the U.S. Customs and Border Protection launched a redesigned website for Visa Waiver Program (VWP) visitors to apply for Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The VWP is administered by the Department of Homeland Security and enables citizens or nationals of 38 designated countries … Continue Reading
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