- Levasseur, Elise S.
- Industry Alerts
The Department of Homeland Security (DHS) has begun the process of implementing changes to the Visa Waiver Program (VWP) after President Obama signed into law the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. The new law made significant changes to the VWP for citizens of participating countries in response to the recent terrorist attacks in Paris and in San Bernadino, California. DHS has not yet announced exactly how it will implement the program.
Under the VWP, nationals from 38 participating countries can travel to the U.S. for up to 90 days without obtaining a B-1/B-2 visa if they are cleared through the Electronic System for Travel Authorization.
The new law prohibits these same foreign nationals from entering the U.S. under the VWP if the foreign national has visited since March 1, 2011, or has dual nationality with countries identified in the new law as countries of concern (currently only Syria, Sudan, Iran and Iraq, but the DHS has the authority to designate additional countries). The only exception to the rule is for travel to the countries of concern to perform military duty for the VWP-country, or to conduct duties as a full-time employee of a VWP-country government. A person who is a dual citizen of a VWP country and a country of concern or a VWP-country national who has traveled to a country of concern since March 1, 2011 must obtain a B-1/B-2 visa prior to traveling to the U.S.
The new law also adds new, more stringent passport requirements to qualify for the VWP. By April 1, 2016, all VWP travelers (including infants and children) must present an e-Passport that is machine readable and contains an electronic chip. The electronic chip stores biometric data, digital signatures and a chip ID, among other information. Those without an e-Passport after the effective date will need to obtain a B-1/B-2 visa to travel to the U.S.
DW Immigration: Global Mobility with a Personal Touch!
FOR MORE INFORMATION CONTACT:
Elise S. Levasseur is a Member in Dickinson Wright’s Troy office. She can be reached at 248.433.7520 or firstname.lastname@example.org.
If you would like a printable version of this immigration client alert, please click here.
- Industry Alerts Travel Ban Expires, Replaced by Presidential Proclamation Restricting Travel for Certain Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia
- Industry Alerts Supreme Court Permits Narrow Travel and Refugee Ban on Trump’s Executive Orders
- Industry Alerts President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts
- August 2020 Industry Alerts タイムリーにEADカードが発行がされないためI-9を完了できないことについての米国移民局(USCIS)の対応 | USCIS Accommodation on I-9 Completion Due to its Inability to Issue Timely EAD Cards
- July 01, 2020 Blogs "H-1Bの抽選に落ちた...どうするか？" 外国人専門職のための4つの非移民ビザの代替案 | “I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals
- June 24, 2020 Industry Alerts Nonimmigrant and Immigrant Visa Processing Halted by Presidential Proclamation - Effective June 24 for Certain Nonimmigrants
- June 24, 2020 Blogs 大統領令による、非移民および移民ビザの処理停止についてー特定の非移民ビザの処理停止が6月24日より開始されます。| Nonimmigrant and Immigrant Visa Processing Halted By Presidential Proclamation – Effective June 24 for Certain Nonimmigrants
- May 28, 2020 Webinars Preparing for USMCA Day: Episode III - Managing Your Products and People Across the USMCA Borders
- May 27, 2020 Industry Alerts Cross-Border Travel Between the U.S. and Mexico/Canada – Non-Essential Travel Restrictions Extended to June 22, 2020