Media
Note
Office of the Spokesperson
Washington, DC
January 21, 2016
January 21, 2016
The United States today began
implementing changes under the Visa Waiver Program Improvement and
Terrorist Travel Prevention Act of 2015 (the Act).
U.S. Customs and
Border Protection (CBP) welcomes more than a million passengers arriving to the
United States every day and is committed to facilitating legitimate travel
while maintaining the highest standards of security and border protection.
Under the Act, travelers in the following categories are no longer eligible to
travel or be admitted to the United States under the Visa Waiver Program (VWP):
Nationals of VWP countries who
have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after
March 1, 2011 (with limited exceptions for travel for diplomatic or military
purposes in the service of a VWP country).
Nationals of VWP countries who
are also nationals of Iran, Iraq, Sudan, or Syria.
These individuals will still
be able to apply for a visa using the regular immigration process at our
embassies or consulates. For those who need a U.S. visa for urgent business,
medical, or humanitarian travel to the United States, U.S. embassies and
consulates stand ready to process applications on an expedited basis.
Beginning January 21, 2016,
travelers who currently have valid Electronic System for Travel Authorizations
(ESTAs) and who have previously indicated holding dual nationality with one of
the four countries listed above on their ESTA applications will have their
current ESTAs revoked.
Under the new law, the
Secretary of Homeland Security may waive these restrictions if he determines
that such a waiver is in the law enforcement or national security interests of
the United States.
Such waivers will be granted only on a case-by-case basis.
As a general matter, categories of travelers who may be eligible for a waiver include:
Individuals who traveled to
Iran, Iraq, Sudan or Syria on behalf of international organizations, regional
organizations, and sub-national governments on official duty;
Individuals who traveled to
Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
Individuals who traveled to
Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
Individuals who traveled to
Iran for legitimate business-related purposes following the conclusion of the
Joint Comprehensive Plan of Action (July 14, 2015); and
Individuals who have traveled
to Iraq for legitimate business-related purposes.
Again, whether ESTA applicants
will receive a waiver will be determined on a case-by-case basis, consistent
with the terms of the law. In addition, we will continue to explore whether and
how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.
Any traveler who receives
notification that they are no longer eligible to travel under the VWP are still
eligible to travel to the United States with a valid nonimmigrant visa issued
by a U.S. embassy or consulate.
Such travelers will be required to appear for
an interview and obtain a visa in their passports at a U.S. embassy or
consulate before traveling to the United States.
The new law does not ban
travel to the United States, or admission into the United States, and the great
majority of VWP travelers will not be affected by the legislation.
An updated ESTA application
with additional questions is scheduled to be released in late February 2016 to
address exceptions for diplomatic- and military-related travel provided for in
the Act.
Current ESTA holders are
encouraged to check their ESTA status prior to travel on CBP’s website at esta.cbp.dhs.gov.
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