TRUMP ADMINISTRATION RELEASES NEW REQUIREMENTS FOR THE U.S. VISA WAIVER PROGRAM

January 12, 2018

On December 15, 2017, The Trump Administration established new requirements for the 38 countries participating in the U.S. Visa Waiver Program.

The Visa Waiver program allows citizens to travel to the United States for up to 90 days without a visa by way of obtaining a “travel authorization” to enter the United States. Among other requirements, the U.S. will now require countries participating in the program to use U.S. counterterrorism information to screen travelers, including those crossing their borders from third countries.  According to the Trump Administration, many countries in the program already take these actions.  The updated requirements will apply to all countries in the Visa Waiver program.

The new measures will also include a requirement that visa waiver countries systematically collect passenger travel data, including passenger name records, as well as enter into agreements that would permit U.S. federal air marshals to travel on flights from last point of departure airports. Countries that exceed a two percent threshold for citizens staying longer than authorized during visits to the United States—currently Hungary, Greece, Portugal and San Marino—will be required to conduct public awareness campaigns on the consequences of overstays.  Penalties include barring individuals who overstay a visit from travelling visa-free to the United States in the future.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio