More changes to Visa Waiver Program are now in effect

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Last month we informed you of changes to the Visa Waiver Program, including the prohibition of certain individuals from using Visa Waiver if they had traveled to Iran, Iraq, Syria or the Sudan in the past five years, or if they are dual nationals of those countries. On February 18, 2016, DHS announced that it was adding Libya, Somalia, and Yemen as three countries of concern, and limiting the Visa Waiver Program travel for certain individuals who have traveled to these countries. DHS did not make any additional changes regarding dual nationals of Libya, Somalia and Yemen and left open the possibility of adding more countries of concern in the future.

The Visa Waiver Program is administered through the Electronic System for Travel Authorization ("ESTA"), which has made changes to its online application in response to the changes in the Visa Waiver Program. Customs and Border Patrol ("CBP") announced on February 23, 2016 the revised online application contains additional questions to address the travel eligibility requirements discussed above. CBP also noted that an updated ESTA application with additional questions on travel to Libya, Somalia and Yemen will be released in the spring and will also address exceptions for diplomatic and military-related travel.

You can read last month's update on the Visa Waiver Program here.  If you have questions about the changes to the Visa Waiver Program, please contact the attorneys at Iandoli Desai & Cronin P.C. at info@iandoli.com.

Changes to Visa Waiver Program are now in effect

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At the end of 2015 and in the wake of the recent terror attacks in Paris, Congress made significant changes to the Visa Waiver Program ("VWP"), which was created in 1986 and allows citizens of certain countries to enter the U.S. as a tourist without a visa for up to 90 days. In the U.S. this program is administered through an online portal called the Electronic System for Travel Authorization, commonly referred to as ESTA.  Previously eligible persons are now prohibited from using visa waiver if they have traveled to Iran, Iraq, Syria and Sudan since March 1, 2011, or if they are dual nationals of these countries.  There are limited exceptions (for example, travel to one of the countries on the list to carry out military service or official government business with a VWP participating country) which can be disclosed on the new ESTA application due to be released later this month.

On January 21, 2016, U.S. Customs and Border Patrol ("CBP") announced that affected individuals began receiving emails notifying them they are no longer eligible to use ESTA. Those foreign nationals will be required to seek a B-1 or B-2 visitor visa at a U.S. consulate or embassy abroad if they wish to travel to the U.S. in the future.

CBP published a new set of Frequently Asked Questions on its website concerning the changes to the VWP and ESTA.  If you have questions about the changes to the Visa Waiver Program, please contact the attorneys at Iandoli Desai & Cronin P.C. at info@iandoli.com.