New Restrictions for Certain Individuals (Effective Date: December 18, 2015)
1. Individuals who have been present in Iraq, Syria, Iran, or Sudan (or other countries designated by DHS as supporting terrorism or “of concern”) at any time on or after March 1, 2011, are not eligible to participate in the Visa Waiver Program. The new law exempts those performing military service in the armed forces of a Visa Waiver Program country or those carrying out official duties in a full-time capacity in the employment of a Visa Waiver Program country government.
2. The new law also excludes from the Visa Waiver Program individuals who are nationals of Iraq, Syria, Iran, or Sudan. Nationality typically depends on the laws of the designated country, so it is important to note that an individual may be a national of a particular country, even if he or she has never resided in that country and/or does not have a passport issued by that country.
To participate in the Visa Waiver Program, an individual must possess at the time of application for admission an electronic passport that is machine-readable.
New Conditions on Visa Waiver Program Countries
In addition to the restrictions imposed upon individuals, the new law also includes new conditions for participating countries such as passport security requirements, screening protocols, and information sharing. The new law also includes revocation provisions for countries failing to meet the new requirements. Some of these country requirements take effect immediately and others must be implemented within the next year. (Courtesy of American Immigration Lawyers Association)