12.24.15
Changes to the Visa Waiver Program (ESTA) Now Law Amendments to the Visa Waiver Program (ESTA) were enacted into law on December 17, 2015. The ESTA program allows citizens from a list of designated countries which the U.S. government deems has sufficient security checks and measures, to enter the U.S. for up to 90 days for pleasure or for business (not for work however) without first applying for a visa at an U.S. consulate abroad. The amendments include the following:
- Applicant must have a machine-readable and electronic passport by April 1, 2016;
- Applicant's country of nationality ("program country") must be able to validate that passports meet certain security requirement, i.e., machine-readable and electronic;
- Applicant must not have been present, after March 1, 2011, in Iraq, Syria, or any country whose government has been designated as having repeatedly provided support of acts of international terrorism or in any other country or area of concern as determined by the U.S. government;
- Even if the Applicant is a national of an eligible program country, the Applicant must not also be a national of Iraq, Syria, or any country whose government has been designated as having repeatedly provided support of acts of international terrorism;
- An exception to the above is for Applicants who have been in the areas mentioned as military personnel or government employees who were present while performing their official duties or for those who obtain a waiver because of law enforcement or national security interests of the U.S.