U.S. Tightens Visa Waiver Rules for Travellers With Certain Travel Histories and Dual Nationalities

The United States has updated its Visa Waiver Program (VWP) guidelines, 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 must first obtain approval through the Electronic System for Travel Authorization (ESTA).

Under the provisions of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, some travellers who would ordinarily qualify for visa-free entry are now required to apply for a standard U.S. visitor visa instead.

The restrictions apply to citizens of Visa Waiver Program countries who have travelled to or been present in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011.

In addition, travellers who have visited Cuba on or after January 12, 2021, are also no longer eligible to use the Visa Waiver Program.

The U.S. government noted that limited exemptions are available for individuals who travelled to the affected countries while carrying out official diplomatic or military duties on behalf of a Visa Waiver Program member state.

The updated rules also make travellers ineligible for ESTA if they hold dual nationality with Cuba, Iran, Iraq, North Korea, Sudan, or Syria, regardless of whether they also possess a passport from a Visa Waiver Program country.

As a result, affected individuals—including those holding passports from eligible countries such as the United Kingdom, Japan, or European Union member states—must obtain a standard B visitor visa through a U.S. embassy or consulate before travelling.

Travellers who remain eligible for the Visa Waiver Program are not affected by the changes 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.