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Visiting the USA: The Visa Waiver Program

In general, for travel to the United States for any length of time, it is necessary for travelers to obtain a visa before departing for the U.S. by air, land or sea. Short-term travel to the United States without a visa is possible, however, for citizens of countries participating in the U.S.’s Visa Waiver Program. 

The U.S. Visa Waiver Program (VWP) is a program launched in 1988, which allows citizens of certain countries to visit the U.S. without carrying a U.S. visa. The VWP is valid only for people traveling for business or tourism purposes, for no longer than 90 days. The VWP allows for entry into all 50 U.S. states, Puerto Rico and the U.S. Virgin Islands.

Countries are admitted into the U.S. VWP based on strict security and other requirements. They are generally ranked high on the Human Development Index and must be in good standing with the U.S. government.  To be admitted to the VWP a country must meet enhanced law enforcement requirements and security-related data sharing with the U.S. VWP members are also required to maintain high counterterrorism, law enforcement, border control, and document security standards. Currently, citizens of 36 countries are eligible for entry into the United States without a visa under the State Department’s VWP Country List:

Andorra Belgium Denmark France
Hungary Italy Liechtenstein Malta
New Zealand San Marino Slovenia Sweden
Australia Brunei Estonia Germany
Iceland Japan Lithuania Monaco
Norway Singapore South Korea Switzerland
Austria Czech Republic Finland Greece
Ireland Latvia Luxembourg The Netherlands
Portugal Slovakia Spain United Kingdom

To be eligible for a visa waiver under the VWP, the traveler seeking admission to the United States must be a citizen of one of the 36 participating countries. Note that permanent residents of member countries who are not also citizens of a member country are not eligible for participating in the VWP.

A number of requirements and restrictions apply for travelers wishing to participate in the U.S. VWP. Below is an overview of these requirements.

Passport Requirements

Travelers must each have individual passports. Children cannot travel on parents’ passports under VWP rules.

Generally, VWP countries passport requirements depend on the passport’s date of issue:

  • Passports issued before 26 October 2005 must be machine-readable.
  • Passports issued between 26 October 2005 and 25 October 2006 must be machine-readable and must contain a digitized photograph.
  • Passports issued on or after 26 October 2006 must be e-passports, meaning that they contain an electronic chip with biographic and biometric information. An e-passport is also mandatory for VWP travel on a passport from the following newly added VWP countries: the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Slovak Republic, and South Korea.

Electronic System for Travel Authorization (ESTA)

Travelers participating in the VWP must complete the online I-94W form before departing for the U.S. This electronic authorization is not a visa. It is valid for a two-year period and is valid for multiple entries. VWP travelers who make a short trip to a border country (Canada or Mexico) or to an adjacent island are generally readmitted to the U.S. without a visa for the remaining balance of their original admission period.

The ETSA is mandatory for all participating VWP travelers before boarding flights bound for the U.S. Keep in mind that the ETSA does not necessarily guarantee admission into the country. U.S. Customs and Border Protection officials make the final decision of a traveler’s admission eligibility.

Passport Validity

Travelers’ passports must be valid for 6 months beyond the expected date of departure from the U.S.

Return or onward ticket

VWP travelers must arrive on a participating commercial craft and must present a valid return or onward ticket. In cases where the journey ends in Canada, Mexico, Bermuda or an island in the Caribbean, the traveler must be a legal resident of that country or territory.

Other eligibility requirements

Travelers applying for admission to the U.S. under the VWP must also have never been convicted of, or arrested for, certain crimes or offenses outlined by the U.S. Department of State.  They must not be otherwise inadmissible to the U.S. on grounds of health or national security grounds. A fee of USD $14 must be paid by credit or debit cards only, online in advance of travel.

 

It is possible for VWP eligible travelers to apply for a visa, if they prefer to do so. So, under what circumstances would a person apply for a visa rather than participate in VWP?

  • If the traveler wishes to remain in the U.S. for more than 90 days, or hopes to change their status after arrival in the U.S.
  • If the traveler hopes to work or study in the U.S., travel as a working foreign media representative, or immigrate to the U.S.
  • If the traveler is a citizen of the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, or the Slovak Republic and does not have an e-passport.
  • If the traveler’s passport does not otherwise meet passport requirements for VWP.
  • If the traveler plans to travel the U.S. by private aircraft or other non-VWP approved vessels.
  • If the traveler has a criminal record or other condition making them ineligible for the VWP.

Related Links

  • Visas for Visiting the USA: An Overview
  • United States Immigration: An Introduction to Legal and Illegal Immigration
  • Written by: M. Spatz
  • Wednesday, 14 December 2011
  • Posted in: Immigration And Visiting The US
  • Tags: immigration, immigration attorneys, immigration fees, immigration forms, legal immigration
  • Hits: 44

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