Understanding H.R. 158
H.R. 158
Under H.R. 158, The Visa Waiver Program Improvement Act of 2015, which was just recently passed and signed into law (as reported by USA Today and BBC Farsi on December 18, 2015), certain visitors to the U.S. from various European countries, are required to apply for a visa to visit family or conduct business in the United States, by virtue of holding dual nationality with Iraq, Syria, Iran and Sudan, or for having visited those countries within the last five years, even as journalists, researchers, human rights advocates, or international aid workers. Below is a Q/A regarding this topic:
Q: What is the visa waiver program (VWP)?
A: Under Section 217 of the Immigration & Nationality Act, the VWP allows visa-free entry to the U.S. for citizens of 38 countries that are friends and allies of the United States, including many European countries, Australia, and Japan. Under VWP, nationals of visa-waiver program countries may visit the US as tourists and stay for up to 90 days without the need to obtain a visitor (B1/B2) non-immigrant visa. A list of these 38 countries can be found on the U.S. Department of State website.
Q: How does H.R. 158 affect VWP visitors who plan to visit the U.S.?
A: Visa Waiver Program visitors are not affected by H.R. 158 bill unless 1) the VWP visitor has traveled to Iraq, Syria, Iran or Sudan since March 1, 2011; or 2) the VWP is a national of Iraq, Syria, Iran or Sudan as well as the VWP country.
Q: Would H.R. 158 ban VWP visitors who fall within the foregoing 2 categories from visiting the United States?
A: No. Visa Waiver Program visitors are not barred from traveling to the U.S.; rather, they would have to apply for a visitor visa to do so.
Q: Are there any exceptions to the H.R. 158 for visitors who fall within the 2 foregoing categories?
A: Yes. The bill allows an individual who would otherwise be prohibited from visa-free travel to come to the U.S. under VWP if the visitor’s presence in Iraq, Iran, Syria, or Sudan was for official military or government service on behalf of the visa-waiver program Country.
Q: I am a dual national of Iran and the United States and I hold Iranian and U.S. passports. How would H.R. 158 affect me?
A: H.R. 158 would not affect you. The VWP amendments affect only visa waiver visitors to the United States. The changes under H.R. 158 have no effect on anyone who is returning to the U.S. as a United States citizen or a U.S. legal resident green card holder. Nor is a H1-B specialty worker, F-1 student, L-1 multinational manager, or any other non-immigrant or immigrant visa category affected.
Q: I am a dual national of Iran and France and have a United States permanent resident green card. How would H.R. 158 affect me?
A: As discussed above, H.R. 158 does not affect U.S. permanent residents. The VWP amendments affect only visa waiver visitors to the United States, not green card holders.
Q: I am a Canadian citizen who visits the United States frequently. What are the implications of H.R. 158 if I’ve traveled to Iraq, Syria, Iran or Sudan since March 1, 2011, or if I’m a dual national with one of these four countries?
A: Canadian nationals enjoy visa-free travel to the United States under a separate provision of law (8 CFR § 212.1(a)). As Canadian visitors, their entry is not governed by the visa-waiver program (INA § 217). Section 3 of H.R. 158 therefore does not apply to Canadian nationals. Dual nationality with Iran, Iraq, Syria, or Sudan, or travel to any of these countries, would not affect their access to enter the U.S. without a visitor visa.
Q: I hold dual Iranian and United States citizenship, and my husband is a naturalized U.S. citizen from the U.K. who has visited Iran with me on vacation. How would H.R. 158 affect us?
A: H.R. 158 does not directly affect U.S. citizens holding dual nationality with Iraq, Syria, Iran or Sudan, or who have visited any of these four countries since March 11, 2011. Section 3 of H.R. 158 only addresses entry into the U.S. for visitors under the visa waiver program. U.S. citizens do not enter the United States under the visa waiver program.
Given the passage of H.R. 158, it will likely affect America’s international relations with its visa waiver partners. Under the visa reciprocity rules between the U.S. and its friends and allies, countries like France and the United Kingdom could respond by limiting visa-free travel for U.S. citizens. For example, a U.S. Citizen who also holds Iranian nationality might no longer be able to enter the U.K. without a visa because of the H.R. 158 restrictions on U.K. nationals.
Q: When will the H.R. 158 bill come into effect?
A: As reported by USA Today and BBC Farsi on December 18, 2015, it has been passed and signed into law.
Q: What is the visa waiver program (VWP)?
A: Under Section 217 of the Immigration & Nationality Act, the VWP allows visa-free entry to the U.S. for citizens of 38 countries that are friends and allies of the United States, including many European countries, Australia, and Japan. Under VWP, nationals of visa-waiver program countries may visit the US as tourists and stay for up to 90 days without the need to obtain a visitor (B1/B2) non-immigrant visa. A list of these 38 countries can be found on the U.S. Department of State website.
Q: How does H.R. 158 affect VWP visitors who plan to visit the U.S.?
A: Visa Waiver Program visitors are not affected by H.R. 158 bill unless 1) the VWP visitor has traveled to Iraq, Syria, Iran or Sudan since March 1, 2011; or 2) the VWP is a national of Iraq, Syria, Iran or Sudan as well as the VWP country.
Q: Would H.R. 158 ban VWP visitors who fall within the foregoing 2 categories from visiting the United States?
A: No. Visa Waiver Program visitors are not barred from traveling to the U.S.; rather, they would have to apply for a visitor visa to do so.
Q: Are there any exceptions to the H.R. 158 for visitors who fall within the 2 foregoing categories?
A: Yes. The bill allows an individual who would otherwise be prohibited from visa-free travel to come to the U.S. under VWP if the visitor’s presence in Iraq, Iran, Syria, or Sudan was for official military or government service on behalf of the visa-waiver program Country.
Q: I am a dual national of Iran and the United States and I hold Iranian and U.S. passports. How would H.R. 158 affect me?
A: H.R. 158 would not affect you. The VWP amendments affect only visa waiver visitors to the United States. The changes under H.R. 158 have no effect on anyone who is returning to the U.S. as a United States citizen or a U.S. legal resident green card holder. Nor is a H1-B specialty worker, F-1 student, L-1 multinational manager, or any other non-immigrant or immigrant visa category affected.
Q: I am a dual national of Iran and France and have a United States permanent resident green card. How would H.R. 158 affect me?
A: As discussed above, H.R. 158 does not affect U.S. permanent residents. The VWP amendments affect only visa waiver visitors to the United States, not green card holders.
Q: I am a Canadian citizen who visits the United States frequently. What are the implications of H.R. 158 if I’ve traveled to Iraq, Syria, Iran or Sudan since March 1, 2011, or if I’m a dual national with one of these four countries?
A: Canadian nationals enjoy visa-free travel to the United States under a separate provision of law (8 CFR § 212.1(a)). As Canadian visitors, their entry is not governed by the visa-waiver program (INA § 217). Section 3 of H.R. 158 therefore does not apply to Canadian nationals. Dual nationality with Iran, Iraq, Syria, or Sudan, or travel to any of these countries, would not affect their access to enter the U.S. without a visitor visa.
Q: I hold dual Iranian and United States citizenship, and my husband is a naturalized U.S. citizen from the U.K. who has visited Iran with me on vacation. How would H.R. 158 affect us?
A: H.R. 158 does not directly affect U.S. citizens holding dual nationality with Iraq, Syria, Iran or Sudan, or who have visited any of these four countries since March 11, 2011. Section 3 of H.R. 158 only addresses entry into the U.S. for visitors under the visa waiver program. U.S. citizens do not enter the United States under the visa waiver program.
Given the passage of H.R. 158, it will likely affect America’s international relations with its visa waiver partners. Under the visa reciprocity rules between the U.S. and its friends and allies, countries like France and the United Kingdom could respond by limiting visa-free travel for U.S. citizens. For example, a U.S. Citizen who also holds Iranian nationality might no longer be able to enter the U.K. without a visa because of the H.R. 158 restrictions on U.K. nationals.
Q: When will the H.R. 158 bill come into effect?
A: As reported by USA Today and BBC Farsi on December 18, 2015, it has been passed and signed into law.
