New DHS Rules Target Travelers Who Rely on the Visa Waiver Program

The Department of Homeland Security (DHS) has implemented several changes to the Visa Waiver Program (VWP) that could prevent some travelers from using the program for entry into the United States. The VWP allows citizens of participating countries who have an approved ESTA clearance to travel to the U.S. for tourism or business for 90 days or less without first obtaining a visa.

First, all travelers under the VWP now must possess an e-Passport. An e-Passport is an enhanced secure passport with an embedded electronic chip that matches the identity of the traveler to the passport. An e-Passport has a unique international symbol on the cover (shown at right).

Anyone intending to travel to the U.S. under the VWP should confirm that they have the correct type of passport and the appropriate ESTA clearance before departing for the U.S. Travelers without an e-Passport are ineligible for the VWP and must obtain a visa for entry into the U.S. Please note that any traveler who obtains a new passport for any reason must submit a new ESTA application, even if their previous ESTA clearance is otherwise valid.

Second, nationals of VWP participating countries who are also nationals of Iran, Iraq, Sudan, or Syria (dual nationals) will be ineligible for travel under the VWP. In addition, with some limited exceptions, nationals of VWP participating countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria since March 1, 2011, will be ineligible for travel under the VWP. DHS will directly notify individuals known to fall into these categories that their ESTA clearances have been revoked.

These changes only restrict travel to the United States under the VWP. Travelers who are ineligible for the VWP may still apply for and obtain a visa for travel to the U.S.
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If you have any questions about these changes and their potential impact on your ability to visit the U.S., please contact us.