• Insights

House of Representatives Passes Bill to Tighten the Security of the Visa Waiver Program

December 9, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

The House of Representatives late Tuesday voted overwhelmingly to increase the security requirements of the Visa Waiver Program (VWP) through “The Visa Waiver Program Improvement and Terrorist Travel Prevention Act” (H.R. 158).  If enacted, the bill would require all VWP travelers to present an e-passport with a biometric-enabled chip by April 1, 2016.  It would also bar most travelers who have visited Iraq and Syria since March 2011 from entering the United States under the program, and instead require them to go through the formal visa process, which includes an in-person interview.  An exception to this bar would be available to those who traveled to these countries in order to perform military service on behalf of the VWP country or carry out official duties as a full-time employee of the government of the VWP country.

The VWP has been under scrutiny since the November 13 Paris terrorist attacks.  The program, which facilitates the travel of over 20 million people per year, enables tourists and business visitors from 38 countries to enter the United States for up to 90 days without first having to obtain a visa at a U.S. consulate.  Although VWP travelers undergo background screening through the Electronic System for Travel Authorization (ESTA), they are not required to appear in person for a visa interview, nor are they subject to a biometrics background check.  Given that a number of the confirmed Paris terrorists were citizens of VWP partner countries, the Obama administration and Congress are working to strengthen the program’s security and screening mechanisms.  

In addition to enhanced passport requirements and travel restrictions, the House bill would require the Secretary of the Department of Homeland Security (DHS) to immediately suspend the VWP membership of any country that fails to meet its security obligations, including the mandates to share terrorism and foreign traveler data with the United States and to screen all passengers through INTERPOL’s criminal and law enforcement databases. The bill also includes new reporting requirements for DHS, including an annual national security threat assessment of high-risk countries, which further gives the DHS Secretary the authority to suspend VWP membership to countries deemed high risk.  

The legislation has moved to the Senate for consideration where a similar bill, S. 2362, was introduced yesterday.  H.R. 158 and S. 2362 are expected to be attached to the omnibus appropriations bill Congress is working to pass in the  coming days to fund the government beyond December 11.

What the Legislation Means for VWP Travelers

If the House bill is enacted as written, VWP travelers would need to ensure that they have an e-passport with a biometric-enabled chip.  All VWP member countries currently issue compliant e-passports as a condition of program participation, but older travel documents may not contain the biometric chip, meaning that some travelers would need to apply for a new passport to make visa-free trips to the United States.  E-passports can be identified by a special symbol on the cover of the passport.  

ESTA registration will remain a requirement regardless of the legislation, and ESTA travelers are likely to be subject to heightened scrutiny in the current landscape.  As a reminder, ESTA registration is required for all those traveling to the United States under the VWP, and an approved ESTA application does not guarantee admission to the United States.  

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the immigration professional with whom you work at Fragomen.

 

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Fragomen news

Comment on DHS Signatures Interim Final RuleLearn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Fragomen news

Comment on DHS Signatures Interim Final RuleLearn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 9, 2026 | SwedenSweden: Proposed Reforms to Single Permit Regime
July 9, 2026 | United StatesTimes of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register Again
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.