UPDATE: CBP has announced that Libya, Somalia, and Yemen are now included with Iran, Iraq, Sudan and Syria as countries of concern, so that individuals who have traveled to these countries since March 1, 2011 are not eligible for ESTA travel. Regardless of travel, dual nationals of Iran, Iraq, Sudan, and Syria (not of Libya, Somalia, and Yemen) are ineligible for ESTA travel.

ORIGINAL POST: As reported in last month’s article, the enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 will restrict certain travelers from using the Visa Waiver Program (VWP) and require them instead to obtain a nonimmigrant visa from a U.S. embassy or consulate abroad. U.S. Customs and Border Protection (CBP) has published a series of FAQs on the changes to the VWP following the December 18, 2015 enactment.

Currently, the affected VWP travelers include:

• Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan or Syria on or after March 1, 2011 (with limited exceptions).
• Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan or Syria.

The second category of travelers listed above should have received an email on or about January 21, 2016, to notify them that their current Electronic System for Travel Authorization (ESTA) is no longer valid. Other travelers in the first category may not be alerted to the cancellation until they arrive at the port-of-entry and are told by the inspecting officer.

Current ESTA holders are strongly encouraged to check their ESTA status prior to travel by clicking on “Check Existing Application” at the CBP website.

The CBP FAQs provide further guidance on critical aspects of the new law, including the specific changes to the VWP, the process for notification of affected travelers, exceptions to the restrictions listed above and potential for waivers.

For those who travel using the VWP and who have confirmed their ESTA is still valid, we recommend reviewing the FAQs and the Joint Statementreleased by the United States Department of Homeland Security (DHS) and the United States Department of State (DOS) before your next trip.