
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.
© 2016 Fragomen
Explore more at Fragomen
Media mentions
Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.
Blog post
Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.
Media mentions
Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.
Blog post
Video
In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.
Media mentions
Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.
Video
In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.
Blog post
Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.
Media mentions
Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.
Blog post
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Video
With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
Media mentions
Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.
Blog post
Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.
Media mentions
Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.
Blog post
Video
In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.
Media mentions
Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.
Video
In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.
Blog post
Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.
Media mentions
Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.
Blog post
Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.
Video
With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.
Media mentions
Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.
