The Department of Homeland Security will also have the right to waive the new restrictions if such a move would be “in the law enforcement or national security interests of the United States”.
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The VWP now permits visa free travel for 20 million visitors each year to the United States for citizens of 38 program partner countries.
Currently, citizens of 38 countries, primarily in Europe, can generally travel to the United States without applying for a visa – though they still must submit biographical information to the Electronic System for Travel Authorization, or ESTA.
That law was passed by the Republican Party-dominated Congress in the wake of the deadly Paris attacks.
Homeland Security said that waivers for some ESTA applicants would be granted on a “case-by-case” basis.
People who had previously been allowed to travel to the US visa-free under the program will be notified via email they are no longer eligible and will be provided with instructions on how to apply for a visa, which will include appearing for an interview.
Iraq and Syria were targeted specifically because the Islamic State has seized significant territory in each country for its would-be caliphate. Should they have dual citizenship or have traveled to Iran, Iraq, Syria or Sudan, they will require new permits.
As part of last summer’s nuclear deal, the US promised to introduce no new nuclear-related sanctions on Iran as long as it remains in compliance.
Last month, Sens. Ben Cardin (D-Md.), Jeff Flake (R-Ariz.), and other senators signed onto various letters urging congressional leaders to reconsider the specifics of the visa waiver language because of concerns it unfairly excluded dual nationals, even if they have never traveled to the region. “But we also don’t want to unnecessarily disadvantage American business that are trying to do business overseas”. But the administration is not yet offering waivers to dual nationals. “It’s a recognition that threat exists and an attempt to add another layer of security”.
The individuals affected by the new rules will still be able to apply for a visa using the regular immigration process at their respective embassies or consulates. Those who have traveled to the listed countries as journalists, businessmen, aid workers or military or government workers may be issued waivers.
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The law also affects citizens who hold Syrian, Iraqi, Iranian or Sudanese nationality along with being citizens of any of the mainly-European VWP nations.
