US Updates Visa Waiver Rules, Bars Some Travelers From ESTA Eligibility
The United States has reaffirmed the eligibility rules for its Visa Waiver Program (VWP), making clear that travelers who have visited certain countries or hold dual nationality with specific nations are not eligible to enter the US under the visa-free travel 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 visa. However, eligible travelers must first receive authorization through the Electronic System for Travel Authorization (ESTA) before departure.
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, some travelers who would normally qualify for visa-free entry are required to obtain a standard US visitor visa instead.
The restrictions apply to citizens of Visa Waiver Program countries who have traveled to or been physically present in the following countries on or after March 1, 2011:
- Iran
- Iraq
- Libya
- North Korea
- Somalia
- Sudan
- Syria
- Yemen
In addition, travelers who have visited or been present in Cuba on or after January 12, 2021, are also ineligible to use ESTA for visa-free travel.
Exceptions are available for individuals who visited these countries while performing official diplomatic or military duties on behalf of a Visa Waiver Program member government.
The rules also state that citizens of Visa Waiver Program countries who hold dual nationality with any of the following countries are not eligible for ESTA:
- Cuba
- Iran
- Iraq
- North Korea
- Sudan
- Syria
As a result, affected travelers—including those holding passports from Visa Waiver Program countries such as the United Kingdom, Japan, or European Union member states—must apply for a standard B-1/B-2 visitor visa at a US embassy or consulate before traveling.
Travelers who remain eligible for the Visa Waiver Program are unaffected by the updated guidance but must continue to obtain a valid ESTA authorization, travel with a biometric e-passport, and limit their stay in the United States to no more than 90 days.
