The Department of Homeland Security (DHS) has begun the process
of implementing changes to the Visa Waiver Program (VWP) after
President Obama signed into law the Visa Waiver Program Improvement
and Terrorist Travel Prevention Act of 2015. The new law made
significant changes to the VWP for citizens of participating
countries in response to the recent terrorist attacks in Paris and
in San Bernadino, California. DHS has not yet announced exactly how
it will implement the program.
Under the VWP, nationals from 38 participating countries can travel
to the U.S. for up to 90 days without obtaining a B-1/B-2 visa if
they are cleared through the Electronic System for Travel
Authorization.
The new law prohibits these same foreign nationals from entering
the U.S. under the VWP if the foreign national has visited since
March 1, 2011, or has dual nationality with countries identified in
the new law as countries of concern (currently only Syria, Sudan,
Iran and Iraq, but the DHS has the authority to designate
additional countries). The only exception to the rule is for travel
to the countries of concern to perform military duty for the
VWP-country, or to conduct duties as a full-time employee of a
VWP-country government. A person who is a dual citizen of a VWP
country and a country of concern or a VWP-country national who has
traveled to a country of concern since March 1, 2011 must obtain a
B-1/B-2 visa prior to traveling to the U.S.
The new law also adds new, more stringent passport requirements to
qualify for the VWP. By April 1, 2016, all VWP travelers (including
infants and children) must present an e-Passport that is machine
readable and contains an electronic chip. The electronic chip
stores biometric data, digital signatures and a chip ID, among
other information. Those without an e-Passport after the effective
date will need to obtain a B-1/B-2 visa to travel to the U.S.
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