U.S. Government Broadens Visa Waiver Program Restrictions

United States

Nationals of Visa Waiver Program (VWP) countries who have traveled to Libya, Somalia or Yemen since March 1, 2011 are now prohibited from using the program unless they qualify for an exemption or obtain a waiver, the Department of Homeland Security has announced.   

The three countries join Iran, Iraq, Sudan and Syria as “countries of concern” subject to restrictions on VWP travel.  However, DHS has elected not to impose travel restrictions on individuals with dual nationality in Libya, Somalia or Yemen and a VWP member country.

VWP Travel Restrictions

DHS and the State Department began implementing newly enacted VWP travel restrictions in January 2016.  Foreign nationals in the following categories are restricted from traveling to the United States under the VWP, even if they have a valid Electronic System for Travel Authorization (ESTA) registration:

• Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen since March 1, 2011.

• Dual nationals of a VWP member country and Iran, Iraq, Sudan or Syria.

Individuals subject to VWP travel restrictions must obtain a B-1/B-2 visa from a U.S. consulate to visit the United States for business or tourism, with very limited exceptions.

DHS is authorized to grant an exemption from the travel restrictions to those who have traveled to a country of concern in the course of diplomatic or military service on behalf of a VWP member country.  The agency is also authorized to grant waivers on a case-by-case basis to those who have traveled to a country of concern on official duty for an international or nongovernmental organization or as a journalist for reporting purposes, or who have traveled to Iran or Iraq for legitimate business purposes in limited circumstances.  However, official procedures for obtaining a waiver or exemption have not yet been announced.

What the Additional Restrictions Mean for Business Travelers

If you are a citizen of a VWP member country and you have traveled to Libya, Somalia or Yemen since March 1, 2011, you may need to obtain a B-1/B-2 visa from a U.S. consulate to visit the United States for business or tourism, even if your ESTA registration remains valid.  Even if you believe you qualify for a waiver or exemption from the restrictions, getting a B-1/B-2 visa will help minimize the risk that you will be refused entry to the United States because of your travel history.  Obtaining a visa should not prevent you from applying for a waiver or exemption later on.

Before your next trip to the United States, contact your designated Fragomen professional for assistance and make sure to read Fragomen’s detailed FAQ on the new VWP requirements and restrictions. This alert is for informational purposes only. 

 

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