The United States has updated its statutory guidelines for the Visa Waiver Program (VWP), confirming that travellers who have visited certain countries or hold dual nationality with specific nations are no longer eligible to enter the country under the visa-free scheme.
The Visa Waiver Program allows citizens of participating countries to travel to the United States for tourism or business for up to 90 days without obtaining a traditional visa. However, eligible travellers are still required to obtain approval through the Electronic System for Travel Authorisation (ESTA) before departure.
Under provisions contained in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, some travellers who would ordinarily qualify for visa-free entry must now apply for a standard visitor visa instead.
The restrictions apply to nationals of participating VWP countries who have travelled to or been physically present in the following countries on or after 1 March 2011: Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria and Yemen.
In addition, individuals who have travelled to or been present in Cuba on or after 12 January 2021 are also excluded from visa-free entry under the programme.
The US authorities noted that limited exceptions exist for individuals who travelled to the affected countries solely for diplomatic or military purposes while serving a government of a Visa Waiver Program member state.
The updated guidance also states that citizens of participating VWP countries who hold dual nationality with Cuba, Iran, Iraq, North Korea, Sudan or Syria are entirely ineligible for an ESTA authorisation.
The changes mean that affected travellers, including those holding passports from countries such as the United Kingdom, Japan or member states of the European Union, must apply for a standard B visitor visa through a US embassy or consulate before travelling.
Travellers who remain eligible for the programme are unaffected by the new measures but must continue to hold a valid ESTA approval, possess a biometric e-passport and ensure their stay in the United States does not exceed 90 days.
