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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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Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
