Tag Archives: Visa Waiver Program

Visa Waiver Program Requires e-Passport

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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

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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.

Changes to Immigration Programs

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Congress Proposes Changes, Renews, and Restricts Immigration Programs

H1b 2016

It has been touch and go with multiple short term renewals, but Congress has proposed an Omnibus Bill last night that has many important immigration provisions. They concern everything in the US immigration system, from increased fees for H-1B and L-1 petitions to not restricting refugee resettlement.

There have been four important immigration programs that have been extended multiple times this year that are included in the Omnibus Bill for another extension: J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program

Of note in the Omnibus Bill is an additional financial burden on companies with more than 50 employees, of whom over 50% hold H or L status:

  • Supplemental L-1 fees for 50/50 companies increase from $2,250 to $4,500;
  • Supplemental H-1B fees for 50/50 companies increase from $2,000 to $4,000;
  • Fees must be paid on initial petitions and extension petitions;
  • Fees are authorized for ten years, running through September 30, 2025; and

The H-2B program has been scrutinized in the past year and some changes are proposed. The H-2B program allows US companies to hire seasonal guest workers for the “busy season,” such as summer on a beach resort.

The Visa Waiver Program, which allows for friendly and easy travel for citizens from 38 approved countries, will have categorical restrictions for nationals from certain countries and individuals who travel to those countries.