Visa Waiver Program Requires e-Passport

VWP Announcement: e-Passports

Department of Homeland Security Secretary Jeh Johnson announced that visitors coming to the United States through the Visa Waiver Program must have an e-passport. If they do not have an e-passport, they will be required to obtain the proper visa to travel to the United States. The e-Passport contains an electronic chip, storing the individual’s name, date of birth, and general biographic information. The purpose of this mandate is to strengthen border security for the United States and also to protect individual travelers from identity theft.

The Visa Waiver Program applies to individuals from 38 countries that have low incidence rates of visa fraud. Instead of having to apply for and obtaining B-1/2 visas, individuals can apply for 90 days of visitation to the US through ESTA. The Visa Waiver Program has been under heavy scrutiny in the past few months, as legislators fear that it allows easy access to the United States for dangerous individuals. Legislation was passed in December 2015 to strengthen safeguards to the program.

Visa Waiver Program Restrictions

More Visa Waiver Program Restrictions

The Department of Homeland Security will continue to limit the availability of the Visa Waiver Program. Libya, Somalia, and Yemen will be added to the list. Individuals who are otherwise eligible for the Visa Waiver will be prohibited from using it if they have traveled to Libya, Somalia, or Yemen. At the current time, restrictions will not be applied to dual citizens of the countries.

The Visa Waiver Program exists in 38 countries that have low incidences of fraud in visa applications. Instead of having to complete an application and submit evidence to the consulate before appearing for a visa interview, a national of the UK, Japan, or Chile can apply for a Visa Waiver, in which the an electronic background check is conducted instead. It expedites the entire process and makes it more convenient for traveling to the United States. A traveler has 90 days in the US maximum in a term, must return back before the 90 days, and cannot change to a visa status in the United States.

The Visa Waiver Program has come under deep scrutiny by Congress out of security concerns. The fear is giving easy access to dangerous people.  DHS is committed to combat the threat of foreign fighters entering the United States. The growing threat of foreign fighters who are nationals of Visa Waiver Program countries has DHS and Congress on alert to make appropriate modifications.