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United States
Starting April 1, 2016, all eligible Visa Waiver Program (VWP) travelers, including infants and children, must present an e-Passport – a passport that contains an electronic chip and is machine-readable – when entering the United States. The requirement is one of a range of enhanced VWP security measures that were enacted in December 2015.
E-Passports have been required of most VWP travelers for several years, and all VWP member countries issue them. However, travelers whose passports were issued before October 26, 2006 may not meet the new standard and therefore they may need to obtain a new passport to continue using the VWP after March 31, 2016.
An e-Passport can be identified by an international symbol on the front cover. E-Passports contain an integrated computer chip that stores the passport holder’s biographic data, a biometric identifier, a digital signature and a unique chip identification number. The data on the chip include two lines of machine-readable information and facial recognition details. The chip can be scanned to match the passport to the identity of the traveler.
The e-Passport requirement applies only to VWP travelers. Foreign nationals who hold a U.S. visa are not required to present an e-Passport when entering the United States.
What This Means for Foreign Nationals
If you are a Visa Waiver Program traveler, now is the time to check your passport to make sure it meets program requirements. If your passport does not bear the international e-Passport symbol on the front cover, you will need to obtain a new passport in order to travel under the VWP after March 31. If you do not obtain an e-Passport by April 1, you may need to postpone planned VWP travel or obtain a B-1/B-2 visa from a U.S. consulate to enter the United States for business or tourism.
For more information on the new VWP security requirements – including restrictions on travel to certain “countries of concern” – make sure to review Fragomen’s detailed FAQ.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
© 2016 Fragomen
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- Fragomen in Los Angeles, CA
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- Fragomen in San Diego, CA
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- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
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Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.
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Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.
Awards
Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.
Media mentions
Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.
Media mentions
Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.
Media mentions
In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.
Media mentions
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.
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Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
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.
Podcast
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.
Podcast
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.

