Travelers planning to visit the United States are already facing surprises based on the new restrictions of the Visa Waiver Program (VWP) that were implemented as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act.
Based on the new restrictions, 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 VWP. The new law exempts those performing military service in the armed forces of a VWP country or those carrying out official duties in a full-time capacity in the employment of a VWP country government. U.S. officials have identified about 1,600 individuals who traveled to these four countries but for now, will not be revoking these ESTA clearances. The United States will wait until these individuals arrive at ports-of-entry to process them and will determine at that time, whether these individuals qualify for an exemption.
The new law also excludes from the VWP 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. For example, a UK citizen with a UK passport who was born in Iran, is now likely unable to use the Visa Waiver Program. In fact, on Tuesday, January 19, 2016, a BBC journalist with dual British-Iranian citizenship was prevented from boarding a plane traveling from London to New Jersey. U.S. officials have confirmed that it has identified about 16,000 individuals with ESTA clearances who have dual nationality. Those individuals will be sent emails revoking their ESTA clearance. Most came from the following countries: Germany, France, UK, Sweden, Australia.
In addition, individuals who are no longer eligible for the VWP will have the opportunity to apply for a waiver at a port-of-entry, but only if DHS finds that it would be in the law enforcement or national security interests of the United States.
Individuals impacted by these changes would now have to apply for a traditional B-1/B-2 visa at a U.S. embassy or consulate in their home country.
For more information, please see the U.S. Customs and Border Protection (CBP) Visa Waiver Program Improvement and Terrorist Travel Prevention Act Frequently Asked Questions.
