U.S. Implements Changes to the Visa Waiver Program

As of January 21^st, 2016, the U.S. began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

•     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).
•     Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

Travelers in the above categories will be able to apply for a visa using the regular immigration process. People who need a visa for urgent travel, may be able to have their application processed on an expedited basis.

In addition, also as of January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and have previously indicated holding dual nationality with Iran, Iraq, Sudan, or Syria on their ESTA applications will have their current ESTAs revoked.

The above restrictions may be waived by the Secretary of Homeland Security on case-by-case basis. A waiver may be granted if it in the law enforcement or national security interests of the U.S. For example., a waiver may be granted to:

• Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
• Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
• Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
• Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
• Individuals who have traveled to Iraq for legitimate business-related purposes.

How Can We Help

The new Act does not ban travel to the United States, but rather brings restricts the Visa Waiver Program eligibility for some travelers. If you are a national of Iran, Iraq, Sudan, or Syria, or have visited those countries since March 2011, you may need to apply for a nonimmigrant visa before traveling to the United States. Please do not hesitate to contact us if our office can be of any assistance or you have any questions or comments. We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.