Visa Lawyer Blog

Articles Posted in VWP Improvement and Terrorist Travel Prevention Act

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heart-2880992_1280We are excited to report that Qatar will soon be joining the Visa Waiver Program, which permits citizens of 41 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.   

Qatar’s designation was announced on September 24th by the Secretary of Homeland Security and the Secretary of State.

Qatar will become the 42nd member of the Visa Waiver Program and the first of the Arab states of the Persian Gulf to become part of the program.

When can Qatari nationals travel to the United States using the Visa Waiver Program?

Qatari nationals can start applying for the Electronic System for Travel Authorization (ESTA) online application or on the “ESTA Mobile” app no later than December 1, 2024.

The Electronic System for Travel Authorization (ESTA) is a fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. Eligible citizens or nationals from all Visa Waiver Program countries must obtain approval through ESTA prior to traveling to the United States under the Visa Waiver Program. Visa Waiver Program travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States.

ESTA travel authorizations are generally valid for two years upon issuance and permit travelers to remain in the United States for up to 90 days for tourism or business purposes.

Qatari citizens with valid B1/B2 visas may continue to use them for business and tourist travel to the United States.

Can U.S. Citizens also travel to Qatar without a visa?

Yes. The move will also benefit U.S. Citizens, considering that Qatar will update its travel policies starting October 1, 2024, to allow all U.S. citizens to request entry into Qatar for up to 90 days instead of the previous 30-day limit. U.S. travelers must have a passport that is valid for at least three months from arrival and a confirmed hotel booking on arrival.

In his announcement, Secretary of Homeland Security Alejandro N. Mayorkas remarked, “The Visa Waiver Program is one of our most successful security initiatives. Qatar’s participation in the program increases information sharing regarding one of the world’s busiest travel and transfer hubs, strengthening the security of the United States. I commend our Qatari partners for meeting the stringent requirements in this agreement entails and look forward to our continued work together on behalf of our respective countries.”

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We are happy to report that the Biden administration has accelerated Israel’s designation into the Visa Waiver Program (VWP).

Previously, the government announced that Israeli nationals could begin to travel to the United States visa-free starting on November 30th.

However, as of yesterday, Thursday, October 19, 2023, the Department of Homeland Security (DHS) issued a new press release notifying the public that eligible Israeli nationals can now start applying for authorization to travel to the United States on a temporary basis through the U.S. Customs and Border Protection’s (CBP) Electronic System for Travel Authorization (ESTA). For the time being, the ESTA application is only available in the English language but will soon be made available in other languages.

ESTA authorizations are generally valid for two years upon issuance and allow successful applicants to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. Israeli citizens and nationals with valid B-1/B-2 visas may continue to use them for business and tourist travel to the United States.

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As previously reported, the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015, was a bill that was signed into law at the end of 2015, which imposed new restrictions on the use of the Visa Waiver Program (VWP) for certain travelers. In this post, we update our readers regarding new information provided by CBP in their newly updated FAQ page.

What is the Visa Waiver Program?

The Visa Waiver Program allows citizens of designated countries to apply for admission to the United States as visitors (traveling for holiday, business, or in transit) without having to obtain a non-immigrant B1/B2 visa at a U.S. Embassy or Consulate abroad, using a system known as ESTA or Electronic System for Travel Authorization.

To be eligible to travel to the United States under the visa waiver program, you must be a citizen of one of thirty-eight countries eligible to participate in the program, you must have a valid machine-readable passport issued by the participating country that is valid for at least 6 months before your planned departure, you must apply for and have an approved ESTA before your proposed travel, and you must intend to remain in the United States for 90 days or less.

You may not be eligible to travel under the VWP if you have been denied a U.S. visa in the past, or have an immigration violation. In this case, you must apply for a visitor visa at a U.S. Consulate abroad, even if your country participates in the VWP.

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On January 21, 2016 the Department of Homeland Security confirmed that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act would begin to be implemented. As a result of the recent terrorist attacks in San Bernardino county and abroad, Congress passed the Act in an effort to protect Americans from potential attacks and to secure the border. The Act increases travel restrictions for certain nationals seeking admission to the United States via the Visa Waiver Program.

Presently, the Visa Waiver Program allows nationals from 38 designated countries to travel and seek admission to the United States without a visa, for a maximum duration of 90 days. Visa Waiver Program travelers must have an approved Electronic System for Travel Authorization (ESTA) before travel.

As of January 21, nationals of visa waiver participating countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 will no longer be eligible to travel or seek admission to the United States under the visa waiver program.  Nationals from visa waiver participating countries who maintain dual nationality with any of the aforementioned countries, are also excluded from traveling or seeking admission to the United States under the visa waiver program. Instead, these individuals must apply for a tourist visa at a United States Consulate or Embassy abroad before seeking admission to the United States. Part of this process will require a nonimmigrant interview to be conducted, before issuance of a tourist visa. DHS expects that this new legislation will not adversely impact visa waiver program travelers, since the Act does not ban these individuals from traveling to the United States, rather it removes the privilege of traveling under the visa waiver program, and requires these individuals to apply for a tourist visa.

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