After Paris Attacks Changes to the Visa Waiver Program (ESTA) to Enhance Security

In response to the Paris terror attacks, the White House yesterday announced changes to the Visa Waiver Program, used by approximately 20 million visitors per year for citizens of thirty-eight program partner countries around the world. The changes to the Visa Waiver Program (VWP), also known as the Electronic System for Travel Authorization (ESTA), are designed to counter the “ongoing threat posed by foreign terrorist fighters” who might use the program, and are meant to “aggressively” strengthen the program and bolster relationships with the VWP’s partners. These changes come after new countries were added to the VWP program and other security enhancements were made earlier this year.

What Are the New Changes?

The Obama administration is instructing government agencies to move forward with the following security enhancements:

  • The Department of Homeland Security (DHS) will immediately modify its applications to obtain information from VWP travelers regarding any past travel to “countries constituting a terrorist safe haven” and work in conjunction with the Director of National Intelligence to identify and review these countries to make traveler risk assessments;
  • DHS along with other agencies will accelerate its review process for VWP partner countries and provide a report to the President within sixty days regarding possible pilot programs to assess the collection and use of biometrics (fingerprints and/or photographs) to increase security and also identify any countries that are deficient in key areas of cooperation;
  • The FBI director will evaluate the terrorism information sharing and any deficiencies between the US and VWP countries in consultation with other agencies and provide the president a report within sixty days;
  • DHS will offer assistance to VWP countries to better facilitate terrorism information sharing, including for screening refugees or asylum seekers;
  • US government agencies will promote the Global Entry program among VWP partners to further expand this trusted traveler program;
  • DHS will work with Congress to seek permission to increase Advance Passenger Information System (APIS) fines from $5,000 to $50,000 for air carriers that fail to verify a traveler’s passport data; and
  • US government agencies will deploy Foreign Fighter Surge Teams to work with countries to counter terrorist travel and provide assistance as needed to enhance border security and legislation.

Working with Congress to Enhance the VWP

In addition to these security changes, the White House will work with Congress to provide statutory authority for many key security enhancements to the VWP, including:

  • Improve ability to identify individuals who have traveled to conflict zones to train or fight with terrorist organizations and coordinate information between VWP partners and INTERPOL;
  • Use international agencies such as INTERPOL to track lost and stolen travel documents to prevent their usage as well as general information sharing to use in border screening activities for VWP partner countries;
  • Accelerate requirement for 100% of VWP travelers to use e-passports with security chips and also see how biometrics could be effectively added to the VWP process; and
  • Expand the preclearance program so Customs and Border Protection officers can inspect passengers and their baggage at foreign airports prior to departing for the United States.

Even More Changes to the VWP

In addition to the Obama administration’s VWP changes, Senators Dianne Feinstein and Jeff Flake plan to introduce legislation that would prohibit anyone who has traveled to Syria or Iraq in the last five years from traveling to the United States using the VWP and instead require them to obtain a traditional visa stamp.

Not everyone is welcoming changes to the Visa Waiver Program. California Travel Association President Barbara Newton and leaders of several California tourism boards are concerned that changes to the VWP could affect the billion-dollar tourism industry. “We certainly support security and safety of our citizens and everyone around the world,” Newton said to the LA Times. “But we don’t want to see the government do something that would disrupt business and travel.”

Options for Fine Artists Applying for a US Visa

I love that in New York City art is everywhere—there’s graffiti on the side of buildings; sculpture installations throughout the streets and parks; and a huge variety of galleries and museums with artwork ranging from modern multimedia exhibitions to Renaissance paintings.

Since we are based in a city that is a center of the art world, and we often work with some of the best of these artists, we wanted to highlight some immigration considerations in the context of the fine art world, namely for gallery and museum artists.

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Special Considerations for Film and Television Visas

As awards season wraps up, the glitz and glamour of the film and TV industry will once again be replaced by the daily grind of producers, directors, editors, costumers, writers, set designers, and the countless other crew members working behind-the-scenes of the on-air talent to bring the productions that entertain us to life. As such, there is perhaps no better time to discuss certain considerations to keep in mind when planning a shoot with foreign talent or foreign production crew members in the United States. While these issues are not unique to film and TV immigration cases, they do present themselves more acutely in this context. Given the tight turnaround times and often last minute nature of the film and TV production industry, it is important to plan ahead as much as possible and pay special attention to certain issues that may come up during the process when filing petitions with US Citizenship and Immigration Services (USCIS) and when applying for visa stamps at a US Embassy or Consulate abroad.

Documentaries or News Shoots
As we also discussed in a previous post (with a helpful chart even), the I visa is a non-immigrant visa for representatives of a foreign media organization who are temporarily traveling to the US to engage in their profession. Generally, only those whose activities are associated with journalism, the news-gathering process, or informational documentaries may qualify for I visa classification. The I visa should not be used for commercial or entertainment programming, including reality entertainment shows, scripted programs, the filming of staged or recreated events, or documentary dramas.

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