U.S. Announces Visa-Free Travel for Israel Passport Holders

As of October 19, 2023, individuals with Israeli passports can travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. While the rollout of visa-free travel for Israeli nationals was slated to occur on November 30, 2023, it appears the State Department has expedited this due to the ongoing conflict in the Middle East and the fact that nonimmigrant and immigrant visa services at the U.S. consular posts in Jerusalem and Tel Aviv are currently suspended. 

On September 26, 2023, the Department of Homeland Security announced Israel’s designation into the Visa Waiver Program (VWP), which allows eligible travelers to apply online for authorization to travel to the United States through the Electronic System for Travel Authorization (ESTA), without requiring them to obtain a U.S. visa. The DHS updated ESTA on October 19, 2023, to permit Israeli passport holders to apply online for travel authorization. 

Those traveling under the Visa Waiver Program by air or by sea must have a round-trip or onward ticket departing the United States within 90 days of their intended arrival, as well as a biometrically enabled passport book. ESTA applications may take up to 72 hours for processing. Those with valid B-1/B-2 visas may continue to use them for travel to the United States until expiration. 

Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how the Visa Waiver Program may apply to your circumstances, please contact your team at D&S.

D&S Legislative Update: Omnibus Spending Bill Passed by the House, Up for Vote in the Senate

In the late hours of Tuesday evening, December 15, 2015, after days of intense negotiations, Congressional leadership announced that it has reached a sweeping year-end deal on the omnibus federal spending bill needed to continue to fund the Federal government. This announcement follows the five-day continuing resolution passed by Congress on December 10, 2015, to allow for additional time for the omnibus federal spending bill to be finalized and avoid a government shutdown.

On Thursday, December 17, 2015, the House passed the spending bill by a vote of 318 to 109.  The Senate is expected to vote on and pass the bill on Friday, December 18, 2015.  The omnibus appropriations bill contains a recommendation to extend the EB-5 program in its current form through September 30, 2016, without the widely discussed changes to the minimum investment amounts or the definition of Targeted Employment Area (TEA).  In addition to extending the EB-5 program, the bill will also extend other expiring immigration programs, including the E-verify program, Conrad 30 waivers for J-1 medical workers, and R-1 visas for religious workers. Finally, the bill contains reforms to the Visa Waiver Program (VWP), including the requirement that program users have electronic passports with biometric and biographic information and restricting use of the program for certain individuals who have traveled to Iraq, Sudan, Iran and Syria.

UPDATE: On Friday, December 18, 2015, the U.S. Senate approved the spending bill by a vote of 65 to 33. President Obama is expected to sign the bill into law no later than December 18th.

House Passes Vote to Restrict U.S. Travel by Foreign Nationals Who Have Visited Syria, Iran, IraQ or Sudan in the Last 5 Years

Today, in a 407-19 vote, the House passed legislation restricting certain travel privileges to nationals of visa waiver participant countries. The legislation, which has the support of the White House, is expected to be wrapped into the much-discussed government spending bill and become law in the next few weeks.

Rather than a comprehensive approach, this new legislation appears to be the first of what will be a piecemeal approach to implementing enhanced security measures in response to the November 13th Paris terrorist attacks and the recent shooting in San Bernardino, CA.  The legislation comes in the wake of the White House's release of a  Fact Sheet outlining new security enhancements that would be implemented immediately to add additional security measures to the Visa Waiver Program (VWP), which is a program that allows nationals of 38 member countries to enter the U.S. as a visitor for up to 90 days without procuring a visa.

The legislation would ban nationals of visa waiver countries who have traveled to Iran, Iraq, Sudan, or Syria since March 1, 2011 from traveling to the U.S. under the VWP. Such individuals must now obtain a visa to travel to the U.S., which requires an in-person interview at a U.S. Consulate or Embassy overseas.

D&S will continue to monitor the changes that are anticipated to be made to the Visa Waiver Program in the coming weeks and provide timely updates outlining new developments.

White House Releases Fact Sheet on Enhancements to Visa Waiver Program

This week the White House released a Fact Sheet detailing enhancements that are to be made to the Visa Waiver Program (VWP), which included several new security changes. The Administration explained that these enhancements are being implemented in the wake of last month's terrorist attacks in Paris.  

In addition to enhanced security measures already made to the program over the course of the last year, including new security-related data fields and new traveler screening and information sharing requirements with VWP countries, the new changes announced in the Fact Sheet aim to aggressively strengthen the VWP and bolster relationships with VWP partner countries on an accelerated basis.  More specifically, the Fact Sheet states that the Department of Homeland Security (DHS) will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a terrorist safe haven. Additionally, the new enhancements will includes measures to evaluate and further facilitate terrorism-related information sharing between the U.S. and VWP countries including piloting real time biometrics checks on refugees and asylum seekers in WVP countries and working with Congress to increase penalties and fines for failure to comply with passenger screening requirements.  The Administration indicated that it is working with Congress to provide statutory authority for many of the key security enhancements it has proposed to the VWP.

The Fact Sheet follows a Statement issued by DHS Secretary Jeh Johnson on August 6, 2015 discussing steps that have been taken to strengthen the screening of those who are traveling to the United States, including security enhancements to the VWP.

DHS Announces Intention to Implement Security Enhancements to Visa Waiver Program

On August 6, 2015, Secretary of the Department of Homeland Security ("DHS"), Jeh Johnson, released a statement announcing DHS and the State Department's intent to implement a number of additional or revised security criteria for all participants in the Visa Waiver Program ("VWP"). These criteria will apply to both new and current members of the Program.  In addition, these enhancements are intended to build upon the additional data fields of information added to the Electronic System for Travel Authorization ("ESTA") application last fall.

The most significant of the new security enhancements include:

1. The requirement that VWP members use e-passports for all travel to the U.S.
2. The requirement that the INTERPOL Lost and Stolen Passport Database be used to screen travelers crossing the borders of a VWP country.
3. Permission for expanded use of U.S. federal air marshals on international flights from VWP countries to the U.S.

Secretary Johnson's statement emphasized that the new measures were intended to enhance security without hindering lawful trade and travel between VWP participating countries.