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Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- Matawan, NJ
- Melbourne
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- San Diego, CA
- San Francisco, CA
- San Jose
- Shanghai
- Silicon Valley, CA
- Singapore
- Sydney
- Detroit, MI
- Washington, DC
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- Matawan, NJ
- Melbourne
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- San Diego, CA
- San Francisco, CA
- San Jose
- Shanghai
- Silicon Valley, CA
- Singapore
- Sydney
- Detroit, MI
- Washington, DC
By: Natasha Willams
As a follow-up to my last blog regarding curtailments to the Visa Waiver Program (VWP), the US Government has added further restrictions on using the program.
The Department of Homeland Security has included travellers to Libya, Somalia, and Yemen since March 1, 2011, as those also prohibited from using the VWP unless they qualify for an exemption or obtain a waiver. These three countries join Iran, Iraq, Sudan, and Syria as ‘countries of concern’ subject to restrictions on VWP travel.
New changes to Visa Waiver Program
The current VWP application found online at the Electronic System for Travel Authorization (ESTA) asks if you have ever travelled to, or been present in Iraq, Syria, Iran or Sudan on or after March 1, 2011. We are now seeing travellers who answer ‘yes’ to this have their VWP applications denied. These individuals must, therefore, apply for a B-1/B-2 visa at a US Consulate overseas before they can travel to the US. Not knowing about these changes has led to a flurry of travellers needing B-1/B-2 visa appointments at short notice.
US Consulates across Asia-Pacific including those in Singapore, Australia, China, Hong Kong, Japan, South Korea, and India have recognized the unforeseen need to apply for a B-1/B-2 visa by allowing travellers who have been affected by these changes to request an expedited visa appointment. Expedited appointments are usually reserved for urgent and unforeseen medical or business travel, but with the recent changes to the VWP, an ESTA denial is now also a qualification.
Qualifications for an expedited visa appointment
In order to qualify for an expedited visa appointment in these circumstances, you must be a citizen of a VWP country, have received notice that you are no longer eligible to travel to the US under the program, show that your travel to the US is imminent, and be either a dual national of Iraq, Iran, Sudan or Syria, or have travelled to Iraq, Iran, Sudan, Syria, Libya, Yemen, or Somalia after March 1, 2011. You must include a copy of the message you received regarding your ESTA denial.
For those travellers who are approved for their B-1/B-2 visas, US Consulates are also issuing visas and processing passport return more quickly than non-expedited cases. Standard processing time for visa issuance and passport return across Asia-Pacific is 3-7 business days. However, if you attend an appointment for a B-1/B-2 visa due to ESTA denial based on the new restrictions, some US Consulates have been allowing for next day passport pick up in person at the Consulate. This is an extraordinary situation and a welcome solution to what is causing many families and business travellers to have to reschedule US vacations and postpone business meetings at a high financial, social and business cost.
Of course, even with the expedited options available, as the US Government continues to make changes to the VWP, we suggest registering online at ESTA and planning your visa needs well in advance of your departure date to ensure you do not face any unforeseen delays or cancelations.
Fragomen’s US Consular Team in Sydney can assist with queries related to US travel from across Asia-Pacific.
Countries / Territories
- 🌐
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- Matawan, NJ
- Melbourne
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- San Diego, CA
- San Francisco, CA
- San Jose
- Shanghai
- Silicon Valley, CA
- Singapore
- Sydney
- Detroit, MI
- Washington, DC
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- Matawan, NJ
- Melbourne
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- San Diego, CA
- San Francisco, CA
- San Jose
- Shanghai
- Silicon Valley, CA
- Singapore
- Sydney
- Detroit, MI
- Washington, DC
Related offices
- Atlanta, GA
- Auckland
- Beijing
- Bengaluru
- Boston, MA
- Brisbane
- Chicago, IL
- Miami, FL
- Dallas, TX
- Doha
- Dubai (DIFC)
- Hong Kong
- Houston, TX
- Irvine, CA
- Johannesburg
- Kochi
- Kuala Lumpur
- Matawan, NJ
- Melbourne
- Nairobi
- New York, NY
- Perth
- Phoenix, AZ
- San Diego, CA
- San Francisco, CA
- San Jose
- Shanghai
- Silicon Valley, CA
- Singapore
- Sydney
- Detroit, MI
- Washington, DC
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Media mentions
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Blog post
The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps
Media mentions
Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.
Video
The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.
Media mentions
Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.
Media mentions
Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.
Video
In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
