01.22.16
The United States began implementing new changes to the Visa Waiver Program (VWP) on January 21, 2016. These changes are set out in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which was passed by Congress in December 2015 and signed into law by President Barack Obama. These new changes impose further restrictions on those who have been qualifying under the Visa Waiver Program. The following people are no longer eligible to participate in the program:
  1. Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country); or
  2. Nationals of VWP countries are also nationals of Iran, Iraq, Sudan, or Syria.
The stated goal of the Act is to prevent potential terrorists from entering the U.S. using the VWP. The Act does provide for the Secretary of Homeland Security to waive these restrictions for some individuals. Who qualifies for a waiver is determined on a case-by-case basis. Situations in which a person may be eligible for a waiver include:
  1. Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  2. Individuals who traveled to Iran, Iraq, Sudan, or Syria on behalf of a humanitarian NGO on official duty;
  3. Individuals who traveled to Iran, Iraq, Sudan, or Syria as a journalist for reporting purposes;
  4. Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Join Comprehension Plan of Action (July 14, 2015); and
  5. Individuals who have traveled to Iraq for legitimate business-related purposes.
It is unclear at this point whether a person who is a national of one of the above-listed countries can receive a waiver of this restriction. For those who currently have a valid Electronic System for Travel Authorization (ESTAs) but are now not eligible due to the new changes, their ESTAs will be revoked. Travelers who are facing this situation are expected to be notified of this change in the upcoming days. It is expected that this change will affect thousands of people. Those who are no longer eligible for the VWP will still have the opportunity to apply for a tourist visa through the standard tourist visa application procedures. If you have any questions concerning these changes, please do not hesitate to contact Clark Lau LLC. This information is provided for informational purposes only. Each person's circumstances are different.