Implementation of visa-waiver restrictions for specified nationality and travel histories

Policy effect

On January 21, 2016, the United States began implementing the 2015 Act’s Visa Waiver Program restrictions for nationals of VWP countries who were also nationals of Iran, Iraq, Sudan or Syria, or who had travelled to or been present in those four countries on or after March 1, 2011. The travel-history restriction had limited diplomatic and military exceptions, and the law permitted case-by-case law-enforcement or national-security waivers. CBP began revoking existing ESTAs for travellers who had disclosed dual nationality with those countries. Affected travellers could still seek a nonimmigrant visa.

Conditions and exceptions

Validated condition or limit: On January 21, 2016, the United States began implementing the 2015 Act’s Visa Waiver Program restrictions for nationals of VWP countries who were also nationals of Iran, Iraq, Sudan or Syria, or who had travelled to or been present in those four countries on or after March 1, 2011.; The travel-history restriction had limited diplomatic and military exceptions, and the law permitted case-by-case law-enforcement or national-security waivers.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Washington, DC 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 …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2016

• 2016-03-28Three diseases removed from health-related inadmissibility grounds
• 2016-04-01Electronic passports required for Visa Waiver Program travel
• 2016-05-10Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students
• 2016-06-09BIA Precedent Matter of M-H-Z- (No Duress Exception to Material Support Bar)
• 2016-07-06Extension of TPS and Employment Authorization for Honduras and Nicaragua
• 2016-08-29Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
• 2016-09-10Extension of the Designation of El Salvador for Temporary Protected Status
• 2016-10-01Automatic 6-month extension of DED-related EADs for eligible Liberians
• 2016-10-01Syria Temporary Protected Status Redesignation
• 2016-12-13BIA Binding Precedent on Frivolous Asylum Adjudication and Untimely Applications (Matter of M-S-B-)