114-113 ), which was signed into law on December 18, 2015. Introduction

The Visa Waiver Program allows nationals from certain countries, many of which are in Europe, to enter the United States as temporary visitors for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States. Proponents of the program say the VWP strengthens U.S. national security because it sets standards for travel documents, requires information sharing between the member countries and the United States on criminal and security concerns, and mandates reporting of lost and stolen travel documents. As of May 2016, there were 38 countries participating in the VWP. As with the prohibition against using the VWP for those who were present in certain countries, the Secretary of DHS has the authority to waive the prohibition on travel under the VWP by certain dual nationals if the Secretary of DHS determines that the waiver would be in the law enforcement or national security interests of the United States. Additionally, with some limited exceptions, aliens entering through VWP are not permitted to adjust their immigration status. VWP Qualifying Criteria

Currently, to qualify for the VWP a country must
offer reciprocal privileges to United States citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year or an average of no more than 2% over the past two fiscal years with neither year going above 2.5%; certify that it has established a program to issue to its nationals machine-readable passports that are tamper-resistant and incorporate a biometric identifier (on April 1, 2016, all passports presented by aliens entering under the VWP were required to be machine-readable and contain a biometric identifier [i.e., e-passports]); certify that it is developing a program to issue tamper-resistant, machine-readable visa documents that incorporate biometric identifiers which are verifiable at the country's port of entry; no later than October 1, 2016, certify that it has in place mechanisms to validate machine-readable passports and e-passports at each port of entry; enter into an agreement with the United States to report or make available through the International Criminal Police Organization (INTERPOL) information about the theft or loss of passports no later than 24 hours after a theft or loss is reported to the VWP country; certify, to the maximum extent allowed under the laws of the country, that it is screening each foreign national who is admitted to or departs from that country, using relevant INTERPOL databases and notices, or other means designated by the Secretary of DHS (this requirement goes into effect 270 days after December 18, 2015, and only applies to countries that have an international airport); accept the repatriation of any citizen, former citizen, or national against whom a final order of removal is issued no later than three weeks after the order is issued; enter into and fully implement an agreement with the United States to share information regarding whether a national of that country traveling to the United States represents a threat to U.S. security or welfare; and be determined, by the Secretary of Homeland Security, in consultation with the Secretary of State, not to compromise the law enforcement or security interests of the United States by its inclusion in the program. The waiver became available in October 2008, and was suspended on July 1, 2009. The system as implemented is known as the Electronic System for Travel Authorization (ESTA), and became fully operational for all VWP visitors traveling to the United States by airplane or cruise ship on January 12, 2009. In addition, P.L. In FY2014, visitors entering under the VWP constituted 31% of all temporary visitors, the smallest percentage in more than 20 years. (Travelers are checked against these systems through US-VISIT when they enter the United States.) For example, all travelers entering under the VWP must present e-passports, which tend to be more difficult to alter than other types of passports. Legislation in the 114th Congress

The Visa Waiver Program Improvement and Terrorist Travel Prevention Act ( H.R. 158 ) was passed by the House on December 8, 2015, and enacted as part of the Consolidated Appropriations Act of 2016 ( P.L. Nonetheless, some provisions of P.L. In addition, there are several other bills that have been introduced in the 114 th Congress that would change some of the VWP requirements to try to augment the security features of the program. Furthermore, bills have also been introduced that propose broad changes to the VWP by, among other things, reinstating the nonimmigrant refusal rate waiver authority, and by allowing DHS to use overstay rates to determine program eligibility. Another legislative proposal would create a new visa waiver program for the U.S. Virgin Islands, and allow the Secretary of DHS to add Poland to the VWP. The act also prohibits people who were present in certain countries since March 1, 2011, from traveling under the VWP. Moreover, P.L. 114-113 . 114-113 prohibiting dual nationals of VWP countries and specified other countries (e.g., Iraq, Syria) from traveling under the VWP are discriminatory and ineffective. Under the bill, the Secretary of DHS could determine that a VWP country has met this requirement if the country signs and implements an agreement to
collect and share biometric information for individuals seeking to travel to the United States through the VWP; compare the collected biometric information against the information in the traveler's passport before the traveler boards a conveyance to the United States; and share the results of the comparison and any other information indicating that the traveler may pose a threat with DHS before the traveler boards a conveyance bound for the United States. H.R. 2686/Quigley, S. 1507/Mikulski)

H.R. 1401 (§3), S. 2091 (§3), H.R. For admission to the VWP, a country who receives a refusal rate waiver also has to
meet all the security requirements of the program; be determined by the Secretary of DHS to have a totality of security risk mitigation measures which provide assurances that the country's participation in the program would not compromise U.S. law enforcement and security interests, or the enforcement of U.S. immigration laws; have had a sustained reduction in visa refusal rates, and have existing conditions for the rates to continue to decline; have cooperated with the United States on counterterrorism initiatives and information sharing before the date of its designation, and be expected to continue such cooperation; and have, during the previous fiscal year, a nonimmigrant visas refusal rate of not more than 10%, or an overstay rate that did not exceed the maximum overstay rate established by the Secretaries of DHS and DOS for countries receiving waivers of the nonimmigrant refusal rate to participate in the VWP the program.
The terrorist attacks in Paris in November 2015 and in Belgium in March 2016, which were perpetrated mainly by French and Belgian citizens, have increased focus on the potential security risks posed by the visa waiver program (VWP). The VWP allows nationals from certain countries, many of which are in Europe, to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States.
Concerns have been raised about the ability of terrorists to enter the United States under the VWP, because those entering under the VWP undergo a biographic rather than a biometric (i.e., fingerprint) security screening, and do not need to interview with a U.S. government official before embarking to the United States. Nonetheless, it can be argued that the VWP strengthens national security because it sets standards for travel documents, requires information sharing between the member countries and the United States on criminal and security concerns, and mandates reporting of lost and stolen travel documents. In addition, VWP travelers have to present e-passports (i.e., passports with a data chip containing biometric information), which tend to be more difficult to alter than other types of passports.
Furthermore, there is interest in the VWP as a mechanism to promote tourism and commerce. The inclusion of countries in the VWP may help foster positive relations between the United States and those countries, and ease consular office workloads abroad. As of July 2016, there were 38 countries participating in the VWP.
In FY2014, more than 21 million visitors entered the United States under this program, constituting 31% of all overseas visitors. To qualify for the VWP, statute specifies that a country must offer reciprocal privileges to U.S. citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year; issue their nationals machine-readable passports that incorporate biometric identifiers; certify that it is developing a program to issue tamper-resistant, machine-readable visa documents that incorporate biometric identifiers which are verifiable at the country's port of entry; report the loss and theft of passports; share specified information regarding nationals of the country who represent a threat to U.S. security; and not compromise the law enforcement or security interests of the United States by its inclusion in the program. Countries can be terminated from the VWP if an emergency occurs that threatens the United States' security or immigration interests.
All aliens entering under the VWP must present passports that contain electronic data chips (e-passports). Under DHS regulations, travelers who seek to enter the United States through the VWP are subject to the biometric requirements of the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program. In addition, aliens entering under the VWP must get an approval from the Electronic System for Travel Authorization (ESTA), a web-based system that checks the alien's information against relevant law enforcement and security databases, before they can board a plane to the United States. ESTA became operational for all VWP countries on January 12, 2009.
Under statute, the Secretary of the Department of Homeland Security (DHS) has the authority to waive the nonimmigrant refusal rate requirement, provided certain conditions are met. The waiver became available in October 2008. In 2008, eight countries were added to the VWP who needed the nonimmigrant refusal rate waiver to be part of the program. However, the waiver authority was suspended on July 1, 2009, because DHS had not implemented an air-exit system that incorporates biometric identifiers. The waiver will not be available until such a system is implemented, and it is unknown when and if a biometric exit system will be implemented. There are countries (e.g., Israel, Poland, Romania) that have expressed interest in being a part of the VWP who would need a waiver of the nonimmigrant refusal rate.
On December 8, 2015, the House passed H.R. 158, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act. The bill was enacted as part of the FY2016 Consolidated Appropriations Act (P.L. 114-113), which was signed into law on December 18, 2015. The act makes numerous changes to the VWP, including, with some exceptions, prohibiting those who have traveled to Syria, Iraq, and certain other countries since March 2011 from entering the United States under the VWP. In addition, under the act, dual nationals of VWP countries and Syria, Iraq, and certain other countries, with possible exceptions, are also prohibited from traveling to the United States under the VWP. Moreover, P.L. 114-113 changes the information-sharing requirements for countries to participate in the VWP program. Some of the changes to the VWP made by P.L. 114-113 have raised concerns about discrimination based on national origin or family heritage. Two bills introduced after the passage of P.L. 114-113, H.R. 4380 and S. 2449, would remove the new prohibitions on certain dual nationals traveling under the VWP.
Other legislation has been introduced in the 114th Congress that would reinstate the nonimmigrant refusal rate waiver authority and make other changes to the VWP, such as allowing DHS to use overstay rates to determine program eligibility (H.R. 1401/H.R. 2686/S. 1507/S. 2091). There are also introduced bills that would change some of the program requirements to augment the security features of the program (e.g., H.R. 4122 and S. 2337). Another proposal (H.R. 2116) would create a new visa waiver program for the U.S. Virgin Islands, and allow Poland to be added to the VWP without meeting the program's requirements.