Introduction
The U.S. Department of Homeland Security (DHS) recently announced additional travel restrictions for the Visa Waiver Programme (VWP). These measures aim to increase security and minimise the risk posed by foreign fighters. The most significant changes and their impact on travellers are explained below.
Background to the new measures
Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015
The new restrictions are part of the ongoing implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which aims to close security gaps in the VWP and improve protection against terrorist threats.
New countries affected
Libya, Somalia and Yemen
In addition to the already affected countries of Iran, Iraq, Sudan, and Syria, the DHS has now categorised Libya, Somalia, and Yemen as countries of particular interest. This change affects travellers who have travelled to these countries since 1 March 2011.
Effects of the restrictions
Who is affected?
The new restrictions affect people who have travelled to these countries. These travellers are now excluded from participating in the VWP and must apply for a regular visa. Dual nationals of the countries concerned are currently not affected.
Exceptions and special regulations
Possible exceptions
In some instances, the Secretary of Homeland Security may grant exceptions to the restrictions in the interest of national security or law enforcement. Possible exceptions include travellers who were travelling on behalf of international organisations, humanitarian NGOs or as journalists.
Further information
New ESTA applications
An updated ESTA application form with additional questions on travelling to Libya, Somalia and Yemen will be available in spring 2016. It will take into account the exceptions for diplomatic and military travel.
Visa application process
Affected travellers can continue to apply for regular visas at U.S. embassies or consulates. Expedited visa interviews are available for urgent business, medical or humanitarian travel.
Conclusion
The new travel restrictions under the Visa Waiver Program reflect DHS's ongoing efforts to enhance U.S. security and minimise the threat posed by foreign fighters. Travellers should know the current regulations and adjust their travel plans accordingly.