In our December 22, 2015 blog, we alerted you to new restrictions on the eligibility of individuals who have present in Iraq, Syria, Iran, or Sudan to participate in the Visa Waiver Program (VWP). The VWP permits citizens of 38 countries to visit the U.S. for business or tourism for stays of up to 90 days without a visa. Instead, these individuals are only required to have valid Electronic System for Travel Authorization (ESTA) and a valid passport to enter the U.S.
On January 21, 2016, the U.S. began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. One key change is that all VWP travelers will be required to have an electronic passport for travel to the U.S. by April 1, 2016. Another includes changes to the VWP to promote enhanced information sharing of terrorism and criminal data, and the use of INTERPOL databases and notices for border screening purposes.
However, the most significant changes involve Iran, Iraq, Sudan, and Syria. First, nationals of any VWP country who have traveled to or been present in one of those four countries on or after March 1, 2011 are now prevented from entering the U.S. under the VWP (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country). In addition, nationals of VWP countries who hold dual citizenship of Iran, Iraq, Sudan, or Syria will have their ESTA revoked.
These effected individuals will now need to apply for a nonimmigrant visa to enter the U.S. using the regular immigration process. While there is some discretion with the Secretary of Homeland Security to waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the U.S., this is only likely to apply to members of international organizations, regional organizations, and subnational governments, humanitarian NGOs on official duty, or to some journalists and business persons.
We will continue to monitor any further changes in this area and keep you updated!