• 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

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn 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
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 26, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
June 26, 2026 | IrelandIrish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles
June 26, 2026 | KuwaitKuwait: Relaxed Employer Transfer Rules in Limited Circumstances
June 26, 2026 | 🌐Minimum Salary Changes Announced
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 26, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
June 26, 2026 | IrelandIrish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles
June 26, 2026 | KuwaitKuwait: Relaxed Employer Transfer Rules in Limited Circumstances
June 26, 2026 | 🌐Minimum Salary Changes Announced
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
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.